1600083 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa in Australia, claiming he feared harm or death upon return to Pakistan. His claims were based on two grounds: firstly, that he had volunteered for his local school and a polio vaccination program, and was perceived as having Westernised views, which would make him a target for the Pakistani Taliban; and secondly, that the uncle of his former fiancée sought to harm him due to a perceived injury to the uncle's family honour stemming from the breakdown of the applicant's engagement. The Administrative Appeals Tribunal was tasked with determining whether these claims established a well-founded fear of persecution for a Convention reason.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56 and relevant country information. Regarding the fear of the Pakistani Taliban, the Tribunal found that while the applicant might face a risk of harm from random acts of terrorist violence in Pakistan, this risk was general to the population and not specific to him. Consequently, this ground did not establish a Convention reason for protection.

Concerning the fear of harm from his ex-fiancée's uncle, the Tribunal noted the applicant's detailed account of the uncle's desire for his own son to marry the fiancée, the resulting family rift, and the uncle's perception of damaged honour. The applicant also recounted a 'contingent' threat made by the uncle. However, the Tribunal did not find that this fear met the threshold for a Convention reason. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa under section 36(2)(aa) of the Act, nor did he satisfy the criterion in section 36(2)(a) concerning Australia's protection obligations under the Refugees Convention.