1614254 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa, claiming a well-founded fear of persecution based on his Shia Muslim faith and his perceived status as a successful Shia businessman in Sialkot. He alleged that members of the Sunni group Khatme-Nabuwaat (KN) had extorted and assaulted him and his family, and that the police were unable or unwilling to offer protection. The applicant also claimed general discrimination from the wider Sunni community due to his religious beliefs. The decision under review was made by Anne Grant, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five Convention reasons, and if not, whether there were substantial grounds for believing that his removal from Australia to Pakistan would result in a real risk of significant harm. The Tribunal was required to consider relevant Ministerial Directions, including guidelines on complementary protection and refugee law, as well as country information assessments prepared by the Department of Foreign Affairs and Trade.

The Tribunal considered the applicant's evidence regarding his experiences of anti-Shia sentiment, difficulties in employment, and the specific incident of assault and extortion by KN members. It also noted the applicant's report to the police and their response indicating the perpetrators were "powerful and dangerous" and suggesting negotiation rather than offering protection. However, the Tribunal found that the applicant did not satisfy the criteria for a protection visa under section 36(2) of the Act, nor did it appear he met the requirements for complementary protection through family membership.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.