1722932 (Refugee)

The applicant, a member of a Balochi student separatist party from Pakistan, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution and whether Australia had protection obligations towards him. The matter was before the Tribunal for reconsideration.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth), or if Australia had protection obligations under the complementary protection criterion in section 36(2)(aa). This involved assessing the applicant's fear of harm from Pakistani authorities and associated groups, the availability of state protection in Pakistan, and the reasonableness of relocation within Pakistan.

The Tribunal considered evidence detailing the applicant's claims of threats, raids on his home, and fear of being killed, kidnapped, or tortured due to his activism. It also reviewed country information from the Department of Foreign Affairs and Trade, which indicated that Balochistan is a conflict-affected area where human rights activists face threats from military, government, and militant groups, and that enforced disappearances by authorities are a concern. The Tribunal applied the principles outlined in sections 5J and 5LA of the *Migration Act*, concerning well-founded fear of persecution and the availability of effective protection measures. It noted that the applicant's fear was based on his political opinion and that the Pakistani government and its agencies were alleged to be actively targeting Baloch students and activists.

The Tribunal concluded that the applicant satisfied the criterion set out in section 36(2)(a) of the *Migration Act*. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets this criterion.