1716280 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant, who identified as a Shia Muslim of the Turi tribe from Kurram Agency, Parachinar, claimed he feared persecution from Sunni extremist groups such as the Taliban and LeJ. He asserted that his family had a history of being targeted by extremists, and that he could not find safety anywhere within Pakistan, including in major cities like Lahore or Islamabad, due to his identity and a perceived lack of state protection. The applicant also raised claims regarding discrimination in employment and healthcare, and the impact of his mental health issues, as well as a fear of being targeted as a returnee from a Western country.

The court was required to determine whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under s 5J(1) of the Act. If this refugee criterion was not met, the court also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant's removal to Pakistan, he would suffer significant harm, thereby meeting the complementary protection criterion under s 36(2)(aa). The court also had to assess the availability of state protection in Pakistan and the applicant's ability to relocate internally.

The court accepted the applicant's identity as a Turi Shia from Kurram Agency and that Pakistan was his receiving country. While acknowledging the applicant's fear of persecution due to his family background and religious affiliation, the delegate had previously found his evidence to be vague and lacking detail. Crucially, the delegate had concluded that the applicant could safely relocate to areas such as Lahore or Islamabad, thereby finding no real risk of serious or significant harm. The court's reasoning focused on the established legal principles for assessing well-founded fear and significant harm, including the consideration of country information and the availability of internal relocation.

The decision under review was remitted.