1608711 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant, a Shia Muslim, claimed he feared serious harm in Pakistan due to his religious affiliation, his activism within the Shia community, an extramarital relationship, and ongoing family disputes concerning property and retribution. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa or was otherwise entitled to complementary protection.

The primary legal issues before the Tribunal were whether the applicant had established a well-founded fear of persecution for a convention reason, specifically his religion, and whether he faced a real chance of suffering significant harm in Pakistan. The Tribunal was also required to consider the applicant's claims of harm arising from his personal conduct, namely the extramarital relationship, and from private disputes within his family, in the context of whether these constituted persecution for a convention reason or warranted complementary protection.

The Tribunal, applying Ministerial Direction No. 56 and relevant guidelines, found that the applicant's claims regarding his Shia faith and activism in Pakistan were sufficient to establish a well-founded fear of persecution for a convention reason. While acknowledging the applicant's other claims, including those related to his extramarital relationship and family disputes, the Tribunal ultimately remitted the matter for reconsideration with a direction that the applicant satisfied section 36(2)(a) of the *Migration Act 1958* (Cth), thereby establishing his eligibility for a protection visa.