1702188 (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 to grant a protection visa. The applicant claimed to have suffered past harm and to hold a fear of future persecution based on his religion, his membership in a human rights organisation, and his perceived political opinions, including imputed pro-Western views. The Federal Circuit Court had previously remitted the matter for redetermination.

The primary legal issues before the court were whether the applicant had established a well-founded fear of persecution for a Convention reason, namely race, religion, nationality, membership of a particular social group, or political opinion. Specifically, the court had to consider whether the applicant's membership in a human rights organisation constituted membership of a particular social group, and whether his human rights activities, including support for women and children and perceived pro-Western views, amounted to a political opinion. The court also had to assess the applicant's credibility, given concerns about embellished or fabricated evidence, delay in seeking protection, and his voluntary return to Pakistan.

The court found that the applicant's claims of past harm, including being attacked and kidnapped by Lashkar-e-Jhangvi, were not credible due to inconsistencies and a lack of corroborating evidence. The court also considered the applicant's mental health issues and access to mental health care, but concluded that these did not establish a well-founded fear of persecution for a Convention reason, nor did they overcome the credibility concerns. The court determined that the generalised violence in Pakistan did not amount to persecution for a Convention reason in the applicant's individual circumstances.

The decision under review was affirmed.