1610942 (Refugee)

This matter concerned an application for a protection visa by a national of Pakistan. The applicant claimed to fear persecution in Pakistan due to his religion and membership of particular social groups. The decision was made by the Tribunal.

The Tribunal was required to determine whether the primary applicant had a well-founded fear of persecution for reasons of religion and membership of particular social groups, and whether such persecution would involve serious harm. It also had to consider whether it would be safe and reasonable for the applicant to relocate within Pakistan and whether he could obtain protection from Pakistani authorities.

The Tribunal was satisfied that the primary applicant had a well-founded fear of persecution involving serious harm in Pakistan in the reasonably foreseeable future, and that relocation within Pakistan or obtaining protection from Pakistani authorities would not be a viable option. The Tribunal remitted the matter for reconsideration, directing that the primary applicant satisfies section 36(2)(a) of the Act, and the secondary applicant satisfies section 36(2)(b)(i) of the Migration Act on the basis of their family unit membership.