1517715 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa. Her claim was based on a fear of serious harm if returned to Pakistan due to her inter-caste marriage, her subsequent divorce, and the resulting ostracisation and threats from her family and community. The Department refused to grant the visa, and this decision was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the refugee convention (s.36(2)(a) of the Migration Act 1958) or through complementary protection (s.36(2)(aa)). Specifically, the Tribunal had to determine if the applicant had a well-founded fear of persecution for a Convention reason, or if there was a real risk of significant harm upon removal to Pakistan, considering her membership in a particular social group and the availability of protection or relocation within Pakistan.

The Tribunal considered the applicant's account of marrying a man from a lower caste against her family's wishes, the subsequent discovery of the marriage by her family, the threats and abuse she received, her return visit to Pakistan where she was rejected by her family, her divorce, and the further blame placed upon her by her family for her father's death. The Tribunal also considered the applicant's fear of harm from her family and the wider community due to her inter-caste marriage and divorced status, and her assertion that relocation within Pakistan was not a viable option due to safety concerns and lack of financial support. The Tribunal applied the principles outlined in sections 5J, 5K, 5L, and 5LA of the Migration Act 1958, as well as sections 36(2A) and 36(2B), to assess the applicant's claims regarding well-founded fear of persecution and significant harm.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criteria under s.36(2) of the Migration Act 1958.