1716861 (Refugee)

This matter concerned an application for a Protection visa by a man from Karachi, Pakistan. The applicant claimed he feared harm due to his alleged forced affiliation with the Muttahida Qaumi Movement (MQM) and his father's involvement with the group. The Administrative Appeals Tribunal (Tribunal) affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or harm if returned to Pakistan, specifically concerning imputed political opinion and threats from the MQM or its opponents. The Tribunal was required to assess the applicant's credibility and the genuineness of his claims and supporting documentation, considering relevant country information.

The Tribunal found the applicant to be untruthful and not credible. It did not accept that the applicant's father had forced him into MQM activities or that he had been threatened or abused by MQM members. The Tribunal considered the applicant's evidence regarding assaults to be confused and contradictory, further indicating a lack of truthfulness. Documents provided by the applicant were deemed not genuine and given no weight, as fraudulent documents are easily obtainable in Pakistan. Consequently, the Tribunal found no evidence to suggest that the applicant would be forced to join MQM activities or threatened by its opponents upon return to Pakistan. The Tribunal also noted that claims of personal threats were only raised at the hearing, after earlier evidence suggested fear of MQM opponents, indicating a lack of honest and accurate evidence. The applicant did not satisfy the criterion in s.36(2) of the Migration Act 1958.