1701354 (Refugee)

This matter concerned an application for a protection visa by a citizen of Pakistan. The applicant claimed he would face harm from his family if returned to Pakistan due to his abandonment of Islam and embrace of secular humanist ideologies, which he stated made him an atheist. The application was initially refused by a delegate of the Minister, and the applicant sought review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Act, specifically whether he was a person in respect of whom Australia had protection obligations. This involved assessing the credibility of his claims regarding his atheism, the potential for harm from his family and society in Pakistan due to these beliefs, and considering factors such as his voluntary return to Pakistan in 2014 and the delay in lodging his protection visa application. The Tribunal also had to consider the implications of Pakistan's blasphemy laws in relation to the applicant's stated beliefs.

The Tribunal found that the applicant was a citizen of Pakistan and that Pakistan was his receiving country. While the applicant had initially agreed to proceed on the basis of the information before the Tribunal, the Member indicated that further discussion was needed regarding the applicant's claims of atheism, the credibility of his fear of harm, the circumstances of his failure to complete his student visa, and the significant delay in applying for protection. Ultimately, the Tribunal remitted the decision under review with a direction that the applicant satisfied section 36(2)(a) of the Act.