1611101 (Refugee)

The applicant, a man born into a Muslim family in Pakistan, sought a protection visa in Australia. He claimed to have converted to Christianity and feared persecution from his family and community if returned to Pakistan. The dispute centred on whether Australia had protection obligations towards him under the Migration Act 1958 (Cth).

The court was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee due to a well-founded fear of persecution for reasons of religion, or if he qualified for complementary protection based on a real risk of significant harm upon removal from Australia. The court also had to assess the credibility of the applicant's claims and the evidence presented.

The court found that while the applicant expressed an interest in Christianity, his understanding of the religion was limited, he had not been baptised, and the evidence regarding his relationship with a Christian woman was not sufficiently substantiated. Consequently, the court was not satisfied that the applicant had a well-founded fear of persecution for reasons of religion, nor that he faced a real risk of significant harm if returned to Pakistan. The court affirmed the delegate's decision not to grant the applicant a protection visa.