1501662 (Refugee)

This matter concerned an application for a Protection visa by a non-citizen applicant who claimed to fear persecution in Pakistan due to his Shia Muslim faith and his profession. The applicant also asserted that his lengthy stay in a Western country made him vulnerable to being perceived as an infidel or spy. The applicant sought protection on complementary protection grounds.

The legal issues before the court were whether the applicant met the criteria for a Protection visa under section 36(2) of the Migration Act 1958. Specifically, the court considered whether the applicant satisfied the complementary protection criterion under section 36(2)(aa) by demonstrating substantial grounds for believing there was a real risk of significant harm upon removal to Pakistan. The court also considered, and dismissed, the possibility of the applicant qualifying as a member of the same family unit as a protection visa holder under section 36(2)(c).

The court found that there was no suggestion that the applicant satisfied the criteria for a Protection visa by being a member of the same family unit as a person who held a protection visa. Consequently, the applicant did not satisfy the criterion in section 36(2) of the Act. The Tribunal affirmed the decision not to grant the applicant a Protection visa.