1707710 (Refugee)

This case concerned an application for a Protection visa by a Pakistani national. The applicant claimed to fear persecution and honour-killing in Pakistan by a tribal council (Jirga) and his father, a Jirga leader, due to his disapproval of his first marriage, his father's alleged assault on his first wife, his subsequent divorce and remarriage to a non-Muslim Australian woman, and his perceived "blackening" of the family honour. The applicant's brothers also provided witness statements supporting his claims. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or if there were substantial grounds for believing he would suffer significant harm if returned to Pakistan.

The Tribunal's reasoning focused heavily on the applicant's credibility and the consistency of his claims. It found that the applicant's central claim of being declared a "black man" (karo) by the Jirga in 2011 and thus included in a decision to be honour-killed was a significant fabrication, particularly as this claim was only raised at the final hearing despite numerous previous opportunities to do so. The Tribunal also found the evidence of the applicant's brothers to be unreliable and fabricated due to inconsistencies with their prior statements. Furthermore, the Tribunal considered that while the father may have opposed the first marriage and disliked the former spouse, this did not translate into a credible threat of serious harm to the applicant. The Tribunal also noted that honour killings are predominantly directed at women, and that the applicant's remarriage to a non-Muslim Australian woman, while potentially displeasing to his father, did not establish a real risk of significant harm given the circumstances and the applicant's independent life.

Ultimately, the Tribunal concluded that the applicant was not a credible witness and had concocted his claims for the purpose of seeking protection in Australia. It found that he did not face a real chance of serious harm amounting to persecution if returned to Pakistan, nor did he face a real risk of significant harm under the complementary protection provisions. Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.