1621948 (Refugee)

This matter concerned an application for a protection visa by an individual from Pakistan. The applicant claimed to belong to the Turi ethnic group and to be a Shi'a Muslim, asserting that educated members of this group were targeted by Sunni extremists due to their historical opposition to the Taliban. The applicant further alleged that his family, particularly his father who was a Malik and an executive member of Anjuman e-Hussainia, was considered an enemy by the Taliban due to their role in opposing the Taliban's infiltration into Pakistan. The decision reviewed was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa. This involved determining if there were substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan, the applicant faced a real risk of suffering significant harm. The Tribunal was required to consider whether the applicant's claimed fear of persecution was well-founded and for the reasons asserted, including his ethnicity, religion, imputed political opinion, or membership in a particular social group, such as his family.

The Tribunal considered evidence provided by the applicant to the Department and to the Tribunal, as well as independent country information regarding Pakistan. It noted that the applicant bears the onus of satisfying the statutory elements for a protection visa. The Tribunal acknowledged the complex security situation in Pakistan, including ethnic and sectarian tensions, but also noted that the Department's delegate had found an improvement in the security situation since the applicant's departure. The delegate was not satisfied that a real chance of serious or significant harm existed based on the applicant's ethnicity, faith, political opinion, family standing, or educational background. The Tribunal also had regard to relevant Presidential Directions concerning the completion of cases and the conduct of reviews, including the use of video hearings due to the COVID-19 pandemic.

The Tribunal remitted the decision under review.