1516549 (Refugee)

This matter concerned an application for protection visas by a woman from Karachi, her husband, and their two Australian-born children. The applicants arrived in Australia in 2007 on a student visa and had not returned to Pakistan since. They claimed they feared harm from radical, anti-West extremists in Pakistan due to their residence in Australia, the applicant's studies in a Western country, and their children's Australian birth. The applicants also asserted a high level of terrorist activity in Pakistan, with authorities being unable or unwilling to control it. The case was heard by Senior Member Denis Dragovic of the Migration Review Tribunal.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or under section 36(2)(aa), which concerns complementary protection obligations where there is a real risk of significant harm as a consequence of removal from Australia. The Tribunal was required to consider the applicants' claims in light of relevant country information and policy guidelines, including the Department of Immigration and Border Protection's PAM3 guidelines and DFAT country assessments.

The Tribunal accepted the applicants' narrative regarding their backgrounds and family circumstances in Karachi and their time in Australia, including the applicant's completion of several qualifications and casual employment. However, the Tribunal concluded that the applicants did not satisfy the criteria for a protection visa under either section 36(2)(a) or 36(2)(aa). Consequently, the Tribunal affirmed the decision not to grant the protection visas.