1720413 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Pakistani national. The applicant claimed to fear persecution in Pakistan due to his Shia Muslim faith, his Mohajir ethnicity, and his profile as a university academic and community member who had delivered religious lectures and created online videos. He also cited the murders of relatives and friends as evidence of the dangers faced by Shia Muslims in Pakistan.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion or membership of a particular social group, and whether there was a real chance of him suffering serious harm if returned to Pakistan. Specifically, the court needed to assess the risk posed by anti-Shia militants and other non-State agents, considering the applicant's elevated profile as a Shia academic and community figure, and the general security situation in Pakistan, particularly in Karachi.

The Tribunal found the applicant to be a credible witness and accepted his claims regarding his religious and community activities, his Mohajir background, and past incidents of violence affecting his family and friends. While acknowledging that the general security situation in Karachi had improved, the Tribunal gave significant weight to the applicant's evidence and country information indicating that high-profile Shia individuals face a moderate risk of violence. The Tribunal concluded that the applicant's academic background, online presence, and active participation in religious discussions and lectures would likely bring him to the adverse attention of anti-Shia activists and militants, creating a real chance of serious harm.

Consequently, the Tribunal remitted the matter for reconsideration, directing that the first applicant satisfies the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958. The Tribunal also directed that the other applicants, identified as family members, satisfy the criteria under section 36(2)(b)(i) based on their membership in the same family unit as the first applicant.