1504646 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant a Protection visa. The applicant, a citizen of Afghanistan of Hazara ethnicity and Shia Muslim faith, claimed he had a well-founded fear of persecution in his home country. He had previously had his temporary visa cancelled and his partner visa application refused.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Migration Act 1958, which requires Australia to have protection obligations under the 1951 Refugee Convention. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether internal relocation within Afghanistan would be a reasonable alternative.

The Tribunal considered extensive country information regarding the situation in Afghanistan, particularly concerning the Hazara ethnic group and the city of Kabul. It noted that while urban areas like Kabul generally offer more opportunities and state protection, successful internal relocation often depends on financial resources, employment prospects, and crucially, family or tribal networks. The Tribunal found that the applicant, who was illiterate, unskilled, and had no family or social connections in Kabul or elsewhere in Afghanistan, would not be able to reasonably relocate internally. Furthermore, he had obligations to support his wife and children residing in Pakistan.

Consequently, the Tribunal concluded that the applicant had a well-founded fear of persecution for a Convention reason in Afghanistan and was therefore a person in respect of whom Australia had protection obligations. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criterion set out in section 36(2)(a) of the Migration Act.