Stuart Jeffery

Without any evidence that double jeopardy was a concern in Nepal, the court concluded that there was not a significant risk of any domestic court proceedings against him and that police would protect him against retribution.

The court held that it was open to the delegate to conclude that the report's decision to single out rural police for not being fully effective meant that there must be some distinction between rural police and urban police.

The delegate relied on a March 2024 report by the Department of Foreign Affairs and Trade, and concluded that although rural police lacked resources and were ineffective, these problems did not extend to urban police, and the plaintiff would be living in a city.

A delegate for the Minister for Immigration and Citizenship, who had originally denied the visa application, accepted that this went beyond mere humiliation and warning others, and encouraged vigilante justice, in circumstances where the plaintiff had agreed to repay the victims.

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