1617086 (Refugee)

This matter concerned an application for a protection visa by a citizen of Pakistan. The applicant claimed to be a member of the Shia Muslim community and of Mohajir ethnicity, and a member of the Khoj Pirhai Shia Ishna Asheri Jamat. He asserted that he faced persecution in Pakistan due to sectarian violence between Shia and Sunni communities, and threats from terrorist groups. The dispute before the Tribunal was whether Australia had protection obligations towards the applicant under the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the applicant was a person in respect of whom Australia had protection obligations under paragraphs 36(2)(a) or (aa) of the Act. This involved assessing whether there was a real risk that the applicant would suffer significant harm if returned to Pakistan. The Tribunal also considered whether the applicant could reasonably relocate within Pakistan to an area where such a risk would not exist, or whether he could obtain protection from Pakistani authorities.

The Tribunal accepted that the applicant was Shia Muslim, of Mohajir ethnicity, and a member of the KPSIAJ. However, it concluded that the applicant had not established a real risk of significant harm. The Tribunal reasoned that while sectarian violence existed in Pakistan, the risk described by the applicant was faced by the Shia population generally, and it was not satisfied that the applicant personally faced a real risk of significant harm that would engage Australia's protection obligations. The Tribunal also considered the possibility of internal relocation within Pakistan, finding that it would be reasonable for the applicant to relocate to an area where he would not face such a risk. The Tribunal affirmed the decision under review.