1720223 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa, claiming he feared persecution due to his Shia Muslim faith and Turi tribal affiliation. The dispute centred on whether Australia owed him protection obligations. The decision under review was made by the Refugee Tribunal and was subsequently remitted by the Federal Circuit Court.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth). This required assessing the applicant's claims of harassment, physical assault, forced conversion, and threats of death stemming from his religious identity and his involvement in organising Shia community events in Pakistan. The Tribunal also had to consider the availability and effectiveness of state protection in Pakistan.

The Tribunal accepted the applicant's evidence regarding his Pakistani citizenship and the details of his claims. It found that the applicant had been subjected to harassment at school due to his Shia faith, injured in a Taliban attack on a Shia procession, and threatened by extremist groups for his involvement in Shia community activities. The Tribunal noted evidence of his father and brother being forced to convert to Sunni Islam and the applicant's own fear of being killed for not conforming. Crucially, the Tribunal concluded that the applicant satisfied the criterion set out in s.36(2)(a) of the *Migration Act*, indicating he had established a well-founded fear of persecution.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.