1605382 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa, claiming a real chance of persecution or significant harm due to his political opinions and activities. The dispute centred on the credibility of his claims and whether he faced a real risk of harm upon removal to Pakistan. The case was before the Tribunal.

The Tribunal was required to determine whether the applicant was a credible witness and if his claims established a real chance of persecution or a real risk of significant harm. This involved assessing his membership and activities within the Pakistan Tehreek e Insaf (PTI) and its student wing, the Insaf Student Federation (ISF), his opposition to the Taliban and the Pakistani Army, and his involvement with secular non-government organisations. The Tribunal also considered the applicant's claims of threats, arrest, torture, and the inability to obtain protection from Pakistani authorities.

The Tribunal noted that the applicant was a credible witness and his claims were credible. It was satisfied that Pakistan was the receiving country for the purposes of section 36(2)(aa) of the Migration Act 1958. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant satisfies section 36(2)(a) of the Migration Act.