1703287 (Refugee)

The applicant, a national of Pakistan, sought a protection visa. The Federal Circuit Court had previously remitted the matter to the Refugee Tribunal. The applicant claimed to fear persecution from the Taliban and Sunni extremists due to his ethnicity as a Pashtun Bangash, his religion as a Shia Muslim, and his former status as a shop owner, arguing these characteristics placed him within a social group that would face harm.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant had a well-founded fear of persecution for reasons of his race, religion, nationality, membership of a particular social group, or political opinion, and if he would be subject to significant harm if returned to Pakistan.

The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth). The decision notes that there was no suggestion the applicant qualified for a protection visa as a member of the same family unit as a person who already held such a visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.