1713289 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national who claimed to have converted from Islam to Mormonism while in Australia. The applicant asserted that upon return to Pakistan, he would face persecution due to blasphemy laws, familial and communal violence, and imprisonment, and that the authorities would be unable to protect him. The review was before the Tribunal.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five Convention reasons, or alternatively, whether there were substantial grounds for believing that his removal to Pakistan would result in a real risk of significant harm. Key issues included the applicant's identity, his country of nationality and receiving country, the genuineness of his conversion to Christianity (specifically Mormonism), and the potential risks he faced in Pakistan, including the applicability of internal relocation and the capacity of Pakistani authorities to provide protection.

The Tribunal accepted the applicant's identity and that Pakistan was his country of nationality and the receiving country for complementary protection assessment. While acknowledging doubts about the applicant's initial motivations for conversion and potential embellishments regarding his church engagement, the Tribunal ultimately accepted that he had been baptised into the LDS Church in 2014 and had participated in church activities over several years. The Tribunal found that through this engagement, the church had become a significant part of his life in Australia, particularly its community and social aspects. Consequently, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under s 36(2)(a) of the Migration Act.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies s 36(2)(a) of the Migration Act.