1717280 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to have converted from Islam to Christianity in Pakistan and subsequently faced threats from his devout Muslim family. The dispute centred on whether the applicant had a well-founded fear of persecution if returned to Pakistan or a real risk of suffering significant harm.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he was a refugee due to a well-founded fear of persecution. This involved assessing the credibility of his conversion and the genuine nature of the threats he alleged from his family, including a radicalised cousin. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm upon removal from Australia.

In its reasoning, the Tribunal acknowledged the applicant's account of his conversion, which he stated was prompted by a promise made during his daughter's successful surgery. It noted the applicant's baptism in Pakistan in November 2014 and the subsequent threats from his family upon learning of his conversion, leading to estrangement from his wife and children. The Tribunal also took into account the country information regarding hostility towards Christian converts in Pakistan and the provisions of Ministerial Direction No. 84, the Refugee Law Guidelines, and the Complementary Protection Guidelines. Crucially, the Tribunal considered section 5J(6) of the Migration Act, which mandates that conduct engaged in by a person in Australia is to be disregarded unless it is proven to have been undertaken for reasons other than strengthening a refugee claim.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant satisfies section 36(2)(a) of the Migration Act, indicating that Australia has protection obligations towards him as a refugee.