1503815 (Refugee)

The applicant, a Pakistani national and former business owner from Karachi, sought a protection visa in Australia. He claimed to be at risk of serious harm or death from the Muttahida Qaumi Movement (MQM) or other criminals due to past extortion attempts and physical assault. The applicant's wife and adult children remained in Pakistan. The decision reviewed was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the relevant Act. This required the Tribunal to assess the applicant's claims of persecution and determine if he had a well-founded fear of being killed or seriously harmed if returned to Pakistan, considering the country information provided by the Department of Foreign Affairs and Trade and relevant policy guidelines.

The Tribunal considered the country information regarding security threats in Pakistan, including organised crime and the activities of the MQM, particularly in Karachi. It noted that while the MQM had been involved in extortion and violence, government anti-violence campaigns since 2013 had significantly reduced such activities, including target killings and kidnappings for ransom. The Tribunal found no suggestion that the applicant satisfied the criteria for a protection visa, nor that he was part of a family unit that met the criteria.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.