1511103 (Refugee)

The Administrative Appeals Tribunal considered the case of a female applicant from Pakistan seeking a protection visa. The applicant claimed she feared serious harm, including death, if returned to Pakistan due to her refusal to marry her fiancé, which had angered her family and his family. She also asserted that as a single woman, internal relocation would be difficult and that state protection was historically lacking.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically concerning a well-founded fear of persecution due to membership of a particular social group, and if not, whether she was entitled to complementary protection. The Tribunal was required to assess the applicant's credibility, the country information regarding the risk of honour killings and violence against women in Pakistan, and the availability of effective protection measures.

The Tribunal reasoned that the applicant's fear of persecution was based on her refusal to enter an arranged marriage, a characteristic that could define her as a member of a particular social group, namely Pakistani women who transgress social mores. The Tribunal considered the evidence presented, including country information, and found that the applicant's claims regarding the potential for serious harm were credible. Crucially, the Tribunal determined that the applicant could not obtain effective protection from the authorities in Pakistan, nor could she reasonably relocate to an area where such protection would be available, given the societal context and her status as a single woman.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act, meaning she has a well-founded fear of persecution.