1609795 (Refugee)

This matter concerned an application for a protection visa by a citizen of Pakistan. The applicant claimed to have faced extortion and threats from the Taliban in Faisalabad, Pakistan, and feared for his life if returned. The applicant did not attend a scheduled interview with the Department or a hearing before the Tribunal, nor did he provide further evidence to substantiate his claims, despite being notified of the hearing.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal was required to determine if the applicant had a well-founded fear of persecution based on his claims, or if he met the complementary protection criteria, given his failure to provide evidence or attend the hearing.

The Tribunal reasoned that while the applicant had made claims of fear of persecution, he had failed to provide sufficient evidence to substantiate these claims. The Tribunal noted that it is the applicant's responsibility to provide the necessary details to establish the relevant facts, and the Tribunal is not required to make the applicant's case for him or accept allegations uncritically. Given the applicant's non-attendance at the hearing and the lack of further evidence, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or met the complementary protection criteria.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.