1709525 (Refugee)

The applicant, a male citizen of Pakistan, sought review of a decision not to grant him a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm if returned to Pakistan. The matter was before the Tribunal.

The Tribunal was required to determine if the applicant was a refugee within the meaning of section 36(2)(a) of the Migration Act 1958, which involves a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Additionally, the Tribunal had to consider whether the applicant met the complementary protection criterion under section 36(2)(aa), requiring substantial grounds to believe that, as a necessary and foreseeable consequence of removal to Pakistan, there was a real risk of suffering significant harm.

The Tribunal considered the applicant's claims that his life would be in danger in Pakistan due to threats from his agent, who allegedly had a strong political background and had submitted bogus documents for his visa application. The applicant also asserted that Pakistani law enforcement was corrupt and that he could not relocate within Pakistan for safety. However, the Tribunal noted that the applicant stated he had not experienced harm in Pakistan prior to leaving and had not attempted to seek safety elsewhere within the country at that time. The Tribunal concluded that the applicant did not satisfy the criterion in section 36(2)(a) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.