1704884 (Refugee)

The applicant, a Shia Muslim of Pashtun ethnicity from the Turi Bangash tribe in Parachinar, Pakistan, sought protection in Australia due to fears of persecution. The dispute arose when the delegate of the Minister refused to grant the applicant a protection visa. The matter was before the Federal Circuit Court of Australia, which remitted it for reconsideration.

The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by Article 1A(2) of the Refugees Convention. This involved assessing the applicant's claims against the country information regarding the security situation in Pakistan, particularly in his home region of Parachinar, and considering whether any risk of persecution was localised and if internal relocation within Pakistan would be reasonable.

The court found that the applicant's religion as a Shia Muslim and his membership in the Bangash tribe placed him at a real risk of persecution from extremist groups such as Lashkar-e-Jhangvi and the Pakistan Taliban, who specifically targeted Shias. The court noted that the security situation in Pakistan had deteriorated, with increased violent attacks against Shia targets in the applicant's home area. Furthermore, the court determined that internal relocation within Pakistan would not be reasonable. This was due to the applicant's identifiable characteristics as a Shia Pashtun from Parachinar, the difficulty in obtaining and renewing essential identification documents like the CNIC without returning to his home region, and his significant mental health issues, including anxiety and depression, for which adequate treatment was unlikely to be available elsewhere in Pakistan.

Consequently, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention and therefore met the criterion set out in s.36(2)(a) of the Migration Act. The matter was remitted for reconsideration with this direction.