1600491 (Refugee)

This matter concerned an application for a protection visa by a national of Pakistan. The applicant, who is of Hazara ethnicity and Shia religion, claimed to fear persecution from extremist Sunni groups in Quetta, Balochistan. The Tribunal was required to determine whether the applicant faced a well-founded fear of persecution based on his ethnicity and religion, or whether complementary protection provisions otherwise applied.

The Tribunal was tasked with assessing the applicant's claims in light of country information regarding ethno-sectarian tensions in Pakistan, particularly concerning the Hazara Shia community in Quetta. This involved considering the applicant's personal history, including his business operations in Quetta and his alleged experiences of harassment and threats. The Tribunal also had to evaluate the availability and effectiveness of state protection for Hazara Shias in Pakistan and whether relocation to another part of Pakistan would be a reasonable alternative.

The Tribunal accepted the applicant's claims regarding his ethnicity, religion, and background in Quetta. While it did not accept that the applicant had been directly threatened by extremist groups in the past, it found that he had experienced harassment and intimidation when sourcing supplies for his restaurant, which would likely continue if he returned to similar work. The Tribunal considered extensive country information indicating that Hazara Shias remain a key target of militant groups in Balochistan, despite a general decline in sectarian attacks. It concluded that the applicant faced a real chance of serious harm due to his ethnicity and religion, and that the Pakistani authorities' capacity constraints and other factors limited their ability to provide effective protection. Furthermore, the Tribunal found that relocation to another part of Pakistan would not be reasonable, given the applicant's identifiable ethnicity, lack of support networks outside Quetta, and ongoing mental health issues, including PTSD and depression, stemming from his experiences.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion under s.36(2)(a) of the Migration Act 1958 (Cth), meaning he is a person in respect of whom Australia has protection obligations under the Refugees Convention.