1714527 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant claimed to fear persecution based on her ethnicity as a Pashtun and her religion as a Sunni Muslim. She also asserted membership in a particular social group, specifically women in Pakistan subjected to domestic violence, including abuse and attacks related to inheritance property disputes, and the husband taking a second wife, without access to effective protection measures. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the definition of a refugee under the relevant legislation, or if she was entitled to complementary protection. The Tribunal was required to determine if the applicant had established that she faced a real risk of significant harm in Pakistan for the reasons claimed, and whether Australia had protection obligations towards her.

The Tribunal acknowledged that the applicant was a national of Pakistan and that this was the appropriate country of reference for assessing her claims. However, the Tribunal emphasised that the onus was on the applicant to provide sufficient evidence to establish her claims, and that the Tribunal was not obliged to assist the applicant in specifying or establishing her case. While the Tribunal operates in an inquisitorial manner, it is not required to search for available bases for relief beyond the case presented by the applicant. The Tribunal concluded that the decision under review should be remitted for further consideration.