1711935 (Refugee)

The applicant, a Shi'a Muslim, sought a protection visa, claiming he feared persecution in Pakistan due to his marriage to Ms. A, a Sunni Muslim. The applicant and Ms. A are first cousins and childhood friends who began their relationship in 2012. The applicant's father, an orthodox Shi'a Muslim, vehemently opposed the marriage, threatening to kill the applicant and disinherit him if he proceeded. Despite the applicant's mother's support and attempts to mediate, the father refused to consent, did not sign the marriage certificate, and subsequently expelled the applicant from the family home. The applicant's wife's father also opposed the marriage and did not act as a witness.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically race or membership of a particular social group, and whether the Australian Government had breached its non-refoulement obligations. The applicant alleged that he and his wife faced severe ostracisation and threats from their families and community, including religious prohibitions from attending mosques, fatwas declaring them outside of Islam, and physical attacks.

The court considered the applicant's claims regarding the opposition to his inter-sect marriage and the subsequent persecution he alleged to have suffered. It noted that while the applicant and his wife were first cousins, this fact alone did not establish membership of a particular social group. The court found that the applicant's family were of the same sect of Islam and that there was no adverse profile for the applicant in Pakistan. Crucially, the court identified significant credibility concerns regarding the applicant's account of the events and the extent of the persecution he claimed to have faced. The court concluded that the applicant had not discharged his onus of proof in establishing a well-founded fear of persecution for a Convention reason.

The decision under review was affirmed, meaning the applicant's protection visa application was refused.