1619641 (Refugee)

The applicant, who claims to be a practising Shia Muslim from Pakistan, sought a protection visa. The dispute arose from the Department's refusal of this visa application. The matter was brought before the Federal Circuit and Family Court of Australia.

The court was required to determine whether the applicant had a well-founded fear of persecution based on his religion, specifically his adherence to Shia Islam, and whether he met the criteria for a protection visa. This involved assessing the credibility of his claims regarding threats and attacks against him and his family due to sectarian violence in Pakistan, and whether he belonged to a particular social group.

The court considered the applicant's evidence, including his account of his father's conversion from Sunni to Shia Islam, the subsequent threats and his father's murder by Sunni extremists, and the applicant's own fear of being targeted if his Shia faith were discovered in Pakistan. The court also noted the applicant's migration history and any delays in his application. The decision under review was affirmed, indicating that the court found the applicant's claims did not establish a well-founded fear of persecution.