1610543 (Refugee)

This matter concerned an application for review of a decision to refuse a Protection (Class XA)(Subclass 866) visa. The applicant, an ethnic Pashtun of the Turi tribe and a Shi’a Muslim from Pakistan, claimed he feared harm from Sunni extremists and the Tehreek-e-Taliban Pakistan. The dispute centred on whether the applicant faced a real chance of persecution in all areas of Pakistan, considering the reasonably foreseeable future at the time of the decision. The case was heard by Deputy Judge Redfern.

The primary legal issue before the court was to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically membership of a particular social group, which included his family's association with Jirga elders. This required an assessment of the country information pertaining to Pakistan, particularly concerning the safety of Shi’a Muslims and individuals associated with tribal elders, and whether the applicant could reasonably relocate to a place of safety within Pakistan. The court also had to consider the applicant's personal circumstances and the specific threats he alleged he faced.

The court considered the Department of Foreign Affairs and Trade (DFAT) country information report and other relevant country information, as well as departmental guidelines. The applicant provided extensive evidence, including a detailed personal statement, supporting documents, and statements from his father and other witnesses. The court accepted the factual content of the statements from the applicant's father and other witnesses, finding it unnecessary to hear oral evidence from them. The court's reasoning focused on assessing the applicant's claims against the available country information and the legal criteria for protection visas, with a view to determining if the applicant faced a real chance of persecution.

The decision under review was remitted with a direction.