1607617 (Refugee)

The Administrative Appeals Tribunal considered the application for a Protection visa by a citizen of Pakistan. The applicant claimed to have fled Pakistan due to fear of persecution arising from his discovery of a drug-trafficking operation involving Afghan men and the Pakistani Police. He alleged he was beaten and threatened by these parties, leading him to leave Pakistan. The Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically whether he had a well-founded fear of persecution under section 36(2)(a) of the *Migration Act 1958* (Cth) or if he qualified for complementary protection under section 36(2)(aa) of the Act.

The Tribunal's reasoning focused on assessing the applicant's credibility and the veracity of his claims. It identified several implausibilities in his account, including his father advising him to return to Pakistan on the basis that the police would have forgotten about him, and the claim that he would be sent to another country for study if he feared the situation. Crucially, the Tribunal noted the applicant's voluntary return to Pakistan in 2013 while holding a substantive visa, which it found inconsistent with his claims of fearing for his safety. Further concerns were raised by contradictory evidence regarding police involvement and the applicant's willingness to approach Pakistani authorities for passport renewals, which appeared inconsistent with his claimed fear. The Tribunal also found the applicant's lengthy immigration history, including multiple visa applications and reviews, suggested his Protection visa application was a last resort to remain in Australia rather than a genuine need for protection.

Ultimately, the Tribunal found the applicant was not a credible or reliable witness and had fabricated material claims. It accepted certain basic facts about his identity and background but did not accept his central claims of being of adverse interest to the Police or the Afghan men, or that he feared returning to Pakistan for the reasons stated. The Tribunal concluded there was no real chance the applicant would suffer serious harm or significant harm if returned to Pakistan, and therefore he did not satisfy the refugee criterion or the complementary protection criterion. The Tribunal affirmed the decision not to grant the applicant a Protection visa.