1711110 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant claimed to fear harm from his father, who had returned to Pakistan after living in a third country for twenty years, and from individuals targeting his father and family. The applicant lodged his protection visa application only after his student visa was refused and did not appear at the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth). Section 36(2)(a) relates to being a refugee with a well-founded fear of persecution, while section 36(2)(aa) concerns complementary protection where there is a real risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country. The Tribunal was required to consider the applicant's claims in light of the relevant guidelines and country information.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not satisfy the criterion under section 36(2)(a) as there was no suggestion he met the definition of a refugee. Furthermore, the Tribunal determined that the applicant did not satisfy the criterion under section 36(2)(aa) as he had not established a real risk of significant harm. The Tribunal noted that there was no suggestion that the applicant qualified as a member of the same family unit as a person who held a protection visa.