1613279 (Refugee)

The applicant, an Afghan national, sought review of a decision concerning his claim for a protection visa. The dispute centred on whether he met the criteria for protection under Australian law, specifically s.36(2)(a) of the *Migration Act 1958* (Cth), which relates to Australia's obligations under the Refugees Convention. The matter was before the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of membership of a particular social group or imputed political opinion. The applicant claimed his fear arose from his work assisting in the delivery of goods in Pakistan, which brought him into conflict with the Taliban. He alleged the Taliban had warned against deliveries to a specific community and subsequently attacked a convoy he was part of, looting and burning the trucks. He also claimed to have been sought by the Taliban in Afghanistan and feared for his safety even in Pakistan.

The Tribunal considered the applicant's account of his work, the Taliban's actions, and his subsequent departure from Pakistan. It noted the applicant's assertion that he defied a Taliban blockade and that the Taliban were looking for him. The Tribunal was satisfied that the applicant had established a well-founded fear of persecution for reasons of imputed political opinion, stemming from his actions in defying the Taliban's directives. Consequently, the Tribunal found that the applicant satisfied the criterion set out in s.36(2)(a) of the *Migration Act*.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies s.36(2)(a) of the *Migration Act*.