1416996 (Refugee)

This matter concerned an Afghan national seeking a protection visa. The applicant claimed he was a Shia Muslim, having converted from Sunni Islam due to his father's marriage to a Shia woman. He alleged persecution by the Taliban and an extremist organisation, Lashkar-e-Jangavi, which led to his family's relocation to Quetta, Pakistan, and his own subsequent return to Afghanistan and subsequent flight back to Pakistan. The Administrative Appeals Tribunal was required to determine whether Australia owed protection obligations to the applicant under the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia had protection obligations under s.36(2)(a) of the *Migration Act 1958* (Cth). This involved assessing the credibility of his claims of persecution based on his religious affiliation and the general country information regarding the security situation in Afghanistan, particularly for Shia Muslims. The Tribunal also considered the applicant's ability to relocate internally within Afghanistan as a potential alternative to protection in Australia.

The Tribunal considered the applicant's evidence, including his taskera and statutory declarations, in conjunction with country information from the Department of Foreign Affairs and Trade and reports from the Oxford Refugee Studies Centre. It found that the applicant was an Afghan national. While acknowledging the general risks in Afghanistan, the Tribunal concluded that, given the applicant's specific circumstances, including his lack of a support system outside his home region, his family responsibilities, and his prolonged absence from Afghanistan, it was not reasonable for him to relocate to Kabul or any other part of Afghanistan. Consequently, the Tribunal was satisfied that Australia had protection obligations towards the applicant.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in s.36(2)(a) of the *Migration Act 1958* (Cth).