1721711 (Refugee)

The applicant, who arrived in Australia in February 2009, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically relating to claims of persecution in Pakistan due to his opposition to an Islamic terrorist group, Pasban-e-Islam. The decision was made by Sheridan Lee.

The court was required to determine if the applicant satisfied the refugee criterion under s 36(2)(a) of the Act, or alternatively, the complementary protection criterion under s 36(2)(aa). This involved assessing the applicant's claims of being targeted by Pasban-e-Islam following his assistance to police in apprehending perpetrators of a bomb attack, and subsequent attacks and threats against him and his family in Pakistan. The court also considered the applicant's multiple return visits to Pakistan and the delay in applying for protection.

The court considered the applicant's written statement and supporting documents, including hospital discharge summaries and police reports, in light of Ministerial Direction No. 84 and relevant guidelines. While acknowledging the applicant's history of alleged persecution, including being shot multiple times and subsequent threats, the court found that the applicant did not satisfy the refugee criterion under s 36(2)(a). The decision also noted that there was no suggestion the applicant met the criteria as a family member of a protection visa holder.

The applicant was found not to satisfy the criterion in s 36(2) for the grant of a protection visa.