1506370 (Refugee)

The applicant, a national of Pakistan, sought a Protection visa, claiming a fear of harm from Sunni extremists due to his moderate religious beliefs and political opinions against Islamic extremism. He also claimed to fear harm as a "westernised" returnee. The Administrative Appeals Tribunal (AAT) considered his claims under both the refugee and complementary protection criteria.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal from Australia, he faced a real risk of suffering significant harm. This involved assessing the applicant's credibility, the veracity of his claimed incidents in Pakistan, and the objective risk of harm he might face upon return, considering his personal circumstances and the country information available.

The Tribunal found the applicant to be not a credible witness, having fabricated and embellished claims. While accepting that he had once brought Shia individuals into his Sunni mosque, leading to a scuffle and subsequent teasing, it rejected his claims of sustained adverse attention, threats of blasphemy accusations, or fear of extremist groups. The Tribunal also rejected claims of fear due to his "westernised" attitudes, noting that country information did not support an increased risk for individuals with perceived western associations. Consequently, the Tribunal was not satisfied that the applicant faced a real risk of significant harm upon return to Pakistan, either from societal violence, discrimination, or general insecurity, and therefore did not meet the complementary protection criterion.

The Tribunal affirmed the decision not to grant the applicant a Protection visa. The applicant's request for referral to the Minister under s.417 of the Act was also declined, as the Tribunal considered he had other available pathways, such as seeking a waiver of a "no further stay" condition on his previous visa.