1712396 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant claimed to have converted from Islam to Baha’ism, ceasing to attend mosque and consequently fearing persecution from neighbours and potentially the Lashkar-E-Jabbar (LeJ) if his conversion became known. The Tribunal considered whether the applicant met the criteria for a refugee status or was entitled to complementary protection.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution on a Convention ground, specifically religion, and if not, whether there were substantial grounds for believing he would suffer significant harm if removed from Australia to Pakistan. The Tribunal also had to consider adverse information received in confidence, which raised credibility concerns, and the applicant's delay in lodging his protection visa application.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. While acknowledging the applicant's stated conversion to Baha’ism and the general country information regarding religious persecution in Pakistan, the Tribunal identified inconsistencies in the applicant's evidence and a lack of credible support for his claims of being known to have converted or being specifically targeted. The Tribunal applied the principles of s.36(2)(a) and s.36(2)(aa) of the Migration Act 1958 (Cth) regarding refugee and complementary protection, respectively, and considered Ministerial Direction No. 84. The Tribunal concluded that the applicant had not demonstrated a real chance of facing serious harm or significant harm upon return to Pakistan.