1319759 (Refugee)

The applicant, an ethnic Hazara and Shia Muslim from Afghanistan, sought a protection visa. The dispute concerned whether Australia had protection obligations towards him under the *Migration Act 1958* (Cth) and the *Refugees Convention*. The Administrative Appeals Tribunal (AAT) was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee as defined by the Convention, or if he qualified for complementary protection.

The Tribunal considered the applicant's background, including his family origins in Parwan province, his life in Kabul, his previous unsuccessful asylum claim in another country, and his deportation back to Afghanistan. The central legal issue was whether the applicant had a well-founded fear of persecution for reasons of his race or religion, or from other individuals in Afghanistan who might be considered enemies of his family, such that Australia would have protection obligations towards him. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal accepted that the applicant was a national of Afghanistan based on the evidence provided, including his language and family history. After considering the evidence and the relevant legal framework, the Tribunal concluded that the applicant satisfied the criterion set out in s.36(2)(a) of the *Migration Act*, meaning he was a person in respect of whom Australia had protection obligations under the Refugees Convention. Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies s.36(2)(a).