1606559 (Refugee)

This decision concerns an applicant for a Protection visa who claimed to fear harm in Pakistan due to a change in religious affiliation from Sunni (Wahhabi Deobandi) to Shia Islam. The Tribunal considered the applicant's claims under both the Refugees Convention and complementary protection provisions.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Migration Act 1958, which relates to Australia's obligations under the Refugees Convention, and alternatively, under section 36(2)(aa), which concerns complementary protection. The Tribunal was required to assess whether the applicant had a well-founded fear of persecution for a Convention reason or, in the alternative, whether there were substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of removal to Pakistan.

The Tribunal rejected the applicant's claims, finding that the material presented was fabricated and therefore not credible. In light of country information regarding the security situation for Shias in Pakistan, the Tribunal was not satisfied that there were substantial grounds for believing that the applicant would face a real risk of significant harm upon return. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a Protection visa under either the refugee or complementary protection grounds.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.