1703581 (Refugee)

This case concerned an application for a protection visa by a citizen of Pakistan. The applicant's claims for protection were primarily based on his family's past experiences in Pakistan, which they attributed to their Shia religion and his mother's occupation as a Shia religious reciter. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution or a real risk of significant harm if returned to Pakistan, and whether effective protection measures were available to him in that country.

The Tribunal considered the applicant's mother's history as a Shia religious reciter and the threats and violence she and her family had allegedly experienced in Pakistan due to her religious activities. It accepted the applicant's father as a credible witness regarding the family's experiences, noting that his evidence was consistent with documentary evidence and the applicant's mother's prior statements. The Tribunal found that the applicant's family had been targeted for serious harm in the past because of their Shia religion and the mother's profile as a religious reciter, and that past persecution is a strong indicator of future risk.

The Tribunal concluded that while the applicant had a well-founded fear of persecution in his home area of Pakistan, it was necessary to consider whether relocation to another part of Pakistan, such as Lahore, would be reasonable. Despite reports of lower levels of sectarian violence in Lahore and the presence of Shia communities there, the Tribunal found that due to the applicant's mother's significant mental and physical health vulnerabilities, the family's reliance on support services in Australia, and the limited family support available in Lahore, it would not be reasonable for the applicant to relocate. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the complementary protection criterion under s.36(2)(aa) of the Migration Act.