1701056 (Refugee)

The applicant, a Shia Muslim from Pakistan, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse their application for a protection visa. The applicant claimed to have been threatened and attacked by Sunni groups due to their family's involvement in religious activities, and that these threats had continued even after the family ceased such involvement.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically their religion, such that they ought to be granted a protection visa. This required the Court to assess the applicant's credibility and the objective reasonableness of their fear, considering the evidence presented regarding the threats and attacks they and their family had allegedly faced.

Her Honour Susan Hoffman affirmed the delegate's decision, finding that the applicant's claims were not credible. The Court noted inconsistencies in the applicant's account and concluded that the evidence did not support a finding that the applicant had a well-founded fear of persecution. Consequently, the application for review was dismissed.