1603412 (Refugee)

The applicant, who arrived in Australia in February 2011, sought a protection visa. His initial application was refused by the Department and affirmed by the Refugee Review Tribunal in August 2011. While he discontinued judicial review proceedings in the Federal Magistrate Court and the Minister declined to intervene under s.417 of the Act, he reapplied for protection in October 2012. This second application was accepted by the Department on the basis of a Federal Court decision, leading to the Tribunal's task of determining whether the applicant met the complementary protection criterion.

The core legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution based on his ethnicity as a Pashtun and his support for the Awami National Party (ANP), and whether he faced harm from specific groups, including the MQM and the family of a former girlfriend, as well as his brother being attacked. The Tribunal was also required to consider the applicant's credibility, particularly in light of inconsistencies in his evidence and a psychological report, and to assess his claims against relevant Ministerial Directions, including complementary protection guidelines and country information assessments.

The Tribunal expressed significant concerns about the applicant's credibility, finding him not to be a truthful witness. It noted attempts to conceal conflicting evidence and described his evidence as vague. The Tribunal considered the applicant's claims of political activities with the ANP and subsequent fear of harm, but ultimately found his evidence lacking in credibility. Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.