1721180 (Refugee) [2021] AATA 5467 (5 August 2021)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER: 1721180
COUNTRY OF REFERENCE: Pakistan
MEMBER:Dr Colin Huntly
DATE:5 August 2021
PLACE OF DECISION: Perth
DECISION:The Tribunal affirms the decision not to grant the applicants Protection visas.
Statement made on 05 August 2021 at 12:46pm
CATCHWORDS
REFUGEE – protection visa – Pakistan – political opinion – Pakistan People’s Party (PPP) –kidnapped – Tehreek-e-Taliban Pakistan (TTP) – intimidated by members of Jamaat e Islami – voluntarily returned to home country – brother killed – particular social group – women in Pakistan who teach primary school aged children – supporter of the education of women and girls – harassed by supporters of the TTP – minor political profile – delay in seeking protection – inconsistent evidence – credibility issues – decision under review affirmed
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW
1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection to refuse to grant the applicants Protection visas under s.65 of the Migration Act 1958 (the Act).
2. The applicants, who claim to be citizens of Pakistan, applied for the visas on 8 August 2013 and the delegate refused to grant the visas on 24 August 2017.
3. The applicants were represented in relation to the review by their registered migration agent. The applicants appeared before the Tribunal on three occasions to give evidence and present arguments.
4. The…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
1721180 (Refugee) [2021] AATA 5467
Case
[2021] AATA 5467
Decision Date
CaseChat Overview and Summary
The applicant, a national of Pakistan, sought a protection visa. The applicant claimed to have been kidnapped and intimidated by members of the Tehreek-e-Taliban Pakistan (TTP) and Jamaat-e-Islami, and to have a minor political profile as a supporter of women's education. The applicant also alleged harassment by TTP supporters and that their brother was killed after the applicant voluntarily returned to Pakistan. The decision under review affirmed the delegate's refusal of the protection visa.
The court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, specifically women in Pakistan who teach primary school-aged children. The court also considered issues of credibility, inconsistent evidence, and any delay in seeking protection.
The court considered country information regarding security operations in Pakistan, including Operation Zarb-e-Azb and its successor, Operation Radd-ul-Fasaad, as well as the National Action Plan (NAP). These operations were credited with a significant reduction in violent and terrorism-related attacks. The court noted that while some political violence occurred during election periods, the overall trend indicated increased security and reduced fear in communities. The court found that the applicant's evidence was inconsistent and raised credibility issues, which, in conjunction with the country information suggesting a reduction in security threats, led to the conclusion that the applicant had not established a well-founded fear of persecution.
The court affirmed the decision of the delegate to refuse the protection visa.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
I further note the following extract of country information:[45][45]DFAT Country Information Report: Pakistan (20 February 2019) at 19.Security Operations2.75.The Pakistan armed forces have launched several security operations in Pakistan due to terrorism and the volatile security environment. Operation Zarb‑e‑Azb commenced in June 2014 and targeted terrorist groups, including the TTP, in North Waziristan (NWA), former FATA. Zarb-e-Azb spread to other parts of the former FATA and Khyber Pakhtunkhwa, and involved the Rangers, a paramilitary security force, and intelligence operations in Balochistan and Karachi to target terrorist, separatist and criminal groups.2.76.In December 2014, the APS attack led to the NAP, which, together with Operation Zarb-e-Azb, formed a civil-military effort to combat terrorist, separatist and criminal groups across Pakistan. The NAP ended Pakistan’s unofficial moratorium on the death penalty, established military courts to try suspected militants, targeted sources of finance for militant organisations, took measures to restrict hate speech, and committed to policy reforms, particularly in the former FATA. In 2018, the Government announced its second National Security Policy, and the Ministry of Interior is reportedly preparing NAP-2. 2.77.Observers credit Operation Zarb-e-Azb, its successor Radd-ul-Fasaad, and the NAP with a significant reduction in the number of violent and terrorism related attacks in Pakistan. In 2018, up to 262 reported terrorist attacks killed 595 people. This is a significant decrease from 2013, when the terrorist death toll included 3,000 civilians and 676 security force personnel.2.78.In February 2017, the military announced Operation Radd-ul-Fasaad to succeed Operation Zarb-e-Azb in response to a series of separate attacks between 13 and 16 February 2017 across Lahore, Quetta, and Sehwan, which killed at least 100 people and left several hundred injured(JuA’s Ghazni Campaign). Radd-ul-Fassad expanded the role of the military in counter‑terrorism operations in Punjab. In July 2017, the military launched operation Khyber-IV in the Rajgal Valley, targeting Lashkar-e-Islam, Jammatul Ahrar (JuA) and the TTP. Khyber-IV also targeted ISIL connections across the border with Afghanistan’s Nangarhar province. 2.79.Local observers, including officials, in Khyber Pakhtunkhwa also reported a trend of increased security, a reduction in reported killings, and reduced fear within the community in 2018. Residents of Peshawar reported an increased sense of security in the evenings due to the enhanced military presence. 2.80.In the lead up to the 2018 election (May to July), 19 terrorist attacks targeted political leaders, workers and election gatherings, rallies and offices, an 87 per cent decrease from the 148 attacks recorded prior to the 2013 elections (March to May). Nevertheless, the lethality increased, with 215 deaths perpetrated by ISIL and the TTP during the 2018 election campaign, compared to 179 deaths perpetrated by nationalist groups, the Taliban and other groups in 2013. Incidents of election related political violence declined from 80 incidents in 2013 (March to May) to 13 in 2018 (May to July).