1607635 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, a national of Pakistan, claimed he feared persecution due to an inter-caste relationship and the potential for honour killings. The Tribunal was tasked with determining whether the applicant met the criteria for a protection visa under Australian law, specifically whether he was a person in respect of whom Australia had protection obligations under the Refugees Convention.

The Tribunal's reasoning centred on assessing the applicant's claims of fear of harm in light of the country information available for Pakistan and the specific circumstances of his case. The applicant alleged that his relationship with a woman from an upper-class family, [Ms A], had led to threats of violence and a conviction by a Jirga. He further claimed that his family had been targeted, including the burning of his brother's school and an attack on another brother. The Tribunal considered the applicant's fear of harm as a member of a particular social group, defined as "people who have infringed the Pashtun honour code."

The Tribunal was satisfied that the applicant had established a well-founded fear of persecution. It found that the evidence presented, including the threats from [Ms A]'s family, the Jirga's conviction, and the subsequent acts of violence against his family, demonstrated a real chance of serious harm. The Tribunal concluded that the applicant met the criterion set out in s.36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s.36(2)(a).