1512847 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse to grant the applicants, citizens of Pakistan, Protection visas under s.65 of the *Migration Act 1958*. The primary applicant claimed to be a Shia Muslim who had been a prominent religious reciter and organiser of Shia events, leading to persecution by Sunni extremist groups. His wife and children relied on their membership of his family for their claims.

The central legal issue before the Tribunal was whether the applicants had established that the primary applicant had a well-founded fear of persecution for a Convention reason, specifically religion, such that Australia had protection obligations towards them under s.36(2)(a) or (aa) of the Act. This required the Tribunal to assess the credibility of the applicant's claims regarding his religious activities, his alleged persecution, and the veracity of his statements, particularly in light of post-interview admissions of untruthfulness regarding his prior residence and a dispute with a migration consultant.

The Tribunal found that the applicant's credibility was significantly undermined by his admission of providing untruthful information during his protection visa interview concerning his prior residences and a dispute with a migration consultant. This lack of credibility extended to his broader claims of persecution. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution for a Convention reason. As the wife and children's claims were derivative, they also failed.

The Tribunal affirmed the delegate's decision not to grant the applicants Protection visas, finding that they did not satisfy the criteria for such a visa under the Act.