New Zealand’s Immigration and Protection Tribunal has dismissed a refugee appeal by a 26-year-old Indian man, ruling that his religious identity alone did not establish a real risk of serious harm if he returned to India.

As per Awaaz, the man from Uttarakhand claimed he feared returning to his small village, where Muslims were a minority. He alleged he had been attacked by extremists while walking to a mosque in December 2022, suffering a stab wound to his stomach and an injury to his eye.

However, tribunal member A. M. Clayton rejected his account, citing inconsistencies in his evidence and finding that some hospital documents submitted in support of his claim were false or manipulated. It also rejected his claim that he had been specifically targeted by the BJP, Bajrang Dal or RSS.

The tribunal also considered evidence that the man’s parents and siblings continued to live in the village without being harmed.

A Muslim neighbour told the tribunal that he and his wife continued to live ordinary lives there and that he still attended the mosque without being challenged.

The tribunal also reviewed country information from several sources, including the Australian Department of Foreign Affairs and Trade, Amnesty International and Human Rights Watch. It acknowledged that Muslims in India could experience discrimination and occasional violence but found that the evidence did not establish a general risk of serious harm solely because of their religion.

The tribunal also noted that the man had previously lived in Hyderabad for more than four months without incident and could consider living elsewhere in India.

“In whichever location the appellant chooses to live in India, the Tribunal does not find that he would face a real chance of suffering serious harm arising from breaches of human rights,” Clayton wrote.

In its decision on 17 September, the tribunal found there was no real risk that the man would suffer serious harm because he was Muslim. It dismissed his refugee appeal and also ruled that he did not qualify for protection under the Convention Against Torture or the International Covenant on Civil and Political Rights.

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