1506801 (Refugee)

This matter concerned an Afghan national seeking a protection visa. The applicant, who is of Hazara ethnicity and Shia Muslim faith, claimed to fear persecution upon return to Afghanistan, specifically in his home region of Mazar-e-Sharif in Balkh province. The dispute before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires Australia to have protection obligations under the Refugee Convention due to a well-founded fear of persecution.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of his race, religion, or membership of a particular social group, and whether the Afghan authorities could provide adequate protection. The Tribunal was also required to consider whether relocation to a safer part of Afghanistan, such as Kabul, was a reasonably practicable alternative for the applicant. The court needed to assess the current security situation in Afghanistan, particularly in Balkh province and Kabul, and the specific risks faced by Hazara Shia Muslims.

The Tribunal found that the applicant was an Afghan national of Hazara ethnicity and Shia Muslim faith, originating from Mazar-e-Sharif. It accepted evidence detailing a significant increase in sectarian violence and attacks by fundamentalist militia groups like the Taliban and ISIS against Shia Muslims, including Hazaras, in Afghanistan. The Tribunal concluded that the applicant faced a real chance of serious harm due to the combined reasons of his ethnicity and religion, and that the Afghan state was unable to provide adequate protection against such harm. Furthermore, the Tribunal determined that relocation to Kabul was not reasonably practicable for the applicant, given the deteriorating security situation there, the applicant's lack of family and social ties in the city, and his limited employment skills.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criterion under section 36(2)(a) of the *Migration Act 1958* (Cth), meaning Australia has protection obligations towards him under the Refugee Convention.