1512096 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to be a national of Pakistan. The applicant asserted that he would face harm in Pakistan due to his rejection of Islam and his adoption of an "un-Islamic lifestyle," which included behaviours such as drinking, fornicating, and eating pork. He had limited contact with his family in Australia and Pakistan, as they disapproved of his lifestyle and behaviour.

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 (Cth), which requires the applicant to be a non-citizen in respect of whom Australia has protection obligations under the 1951 Convention relating to the Status of Refugees (as amended by its 1967 Protocol). This involved determining if the applicant had a well-founded fear of being persecuted for reasons of religion, as defined by Article 1A(2) of the Convention. The Tribunal also considered, as an alternative, the complementary protection criterion under section 36(2)(aa) of the Act.

The Tribunal applied the principles of the Refugees Convention and relevant Ministerial Directions, including policy guidelines and country information. It considered the applicant's evidence regarding his rejection of Islam and his lifestyle, and the potential consequences of his return to Pakistan. The Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in section 36(2)(a) of the Migration Act.