1605363 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, a Turi Shia from Pakistan, claimed to have a well-founded fear of persecution due to his religious affiliation, tribal background, education in a Western country, and his father's high profile within the Shia community, which had attracted death threats from extremist groups. The applicant argued that these factors made him a member of a particular social group and that he would face serious harm throughout Pakistan, rendering him unwilling to avail himself of the protection of the Pakistani state.

The central legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether there was a real chance of such persecution in all areas of Pakistan. This required the Tribunal to assess the effectiveness of state protection in Pakistan for Shia Muslims, particularly those with a prominent profile, and to determine if the applicant could reasonably modify his behaviour to avoid persecution without compromising fundamental aspects of his identity.

The Tribunal, referencing UNHCR guidelines, found that the Pakistani state's authorities were often unable to effectively protect Shia Muslims from attacks by extremist groups, with reports of indifference, incompetence, or complicity. While acknowledging that not all Shia individuals without a prominent profile would necessarily face a real chance of harm in all areas of Pakistan, the Tribunal concluded that the applicant's specific circumstances, including his Turi ethnicity, name, accent, and his father's prominent role, would likely identify him as a Shia and increase his vulnerability. Furthermore, the Tribunal was satisfied that individuals with a high profile within the Shia community could reasonably be considered to face a higher than remote chance of being targeted throughout the country. The Tribunal also found that the applicant's fear was based on characteristics fundamental to his identity, such as his religion and tribal background, which he could not be expected to modify.

Consequently, the Tribunal determined that the applicant had a well-founded fear of persecution for reasons of his Shia religion, membership of the particular social groups of a Turi tribesman from the Kurram Agency and a person educated in a Western country, and because of his imputed political opinion. The Tribunal was satisfied that the applicant was a refugee and that Australia had protection obligations towards him. The matter was remitted for reconsideration with a direction that the applicant satisfies the criteria for a protection visa.