1613414 (Refugee)

The applicant, a citizen of Pakistan, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a practicing homosexual who had been subjected to attacks, harassment, and threats by his family and the police in Pakistan, and faced a high risk of societal violence. He also argued that he was a member of a particular social group and that he would be unable to marry a woman in Pakistan, necessitating a marriage of convenience in another country to avoid persecution.

The Federal Circuit Court was required to determine whether the applicant was a member of a particular social group for the purposes of the *Migration Act 1958* (Cth), and whether he would face persecution or harm amounting to a real chance of significant suffering if returned to Pakistan. The court also considered whether the applicant was entitled to complementary protection.

The court found that the applicant's claim to be a practicing homosexual constituted membership of a particular social group. It further found that the evidence established a real chance that the applicant would face persecution or harm amounting to significant suffering if returned to Pakistan, including the risk of societal violence and potential adverse attention from authorities due to his sexual orientation. The court also accepted that the applicant's inability to marry a woman in Pakistan, and the consequent need for a marriage of convenience to avoid persecution, was a relevant consideration for complementary protection.

Consequently, the court set aside the Minister's decision and remitted the application to the Minister for reconsideration according to law.