1619336 (Refugee)

The applicants, citizens of Pakistan, sought review of a delegate's decision to refuse their protection visa application. The primary claims for protection were based on Applicant 1's alleged past political involvement with the Pakistan People's Party (PPP) and subsequent harassment from agents associated with the Pakistan Muslim League Nawaz Party (PML), particularly around election periods. Applicant 2 and Applicant 3, the parties' child, advanced no independent claims for protection.

The Tribunal was required to determine whether the applicants had established a well-founded fear of persecution for a Convention reason, or a real risk of significant harm, upon return to Pakistan. This involved assessing the credibility and consistency of the applicants' claims, particularly in light of Applicant 1's stated political engagement, his subsequent prolonged period in Australia before applying for protection, and his returns to Pakistan. The Tribunal also considered the delegate's findings and the evidence presented during two hearings.

The Tribunal found the applicants' claims to be unreasonably vague, internally inconsistent, and lacking in credibility. It noted that Applicant 1 had delayed seeking protection in Australia for over three years after his initial arrival, during which time he had also returned to Pakistan on two occasions. Furthermore, Applicant 1 had not disclosed his reasons for seeking protection to his spouse for a significant period. The Tribunal concluded that this conduct was inconsistent with a genuine subjective fear of persecution. Consequently, the Tribunal was not satisfied that the applicants faced a real chance of serious harm for a Convention reason, nor a real risk of significant harm, upon return to Pakistan.

The Tribunal affirmed the delegate's decision to refuse the protection visa.