1724257 (Refugee)

This matter concerned an application for a protection visa by an applicant from Pakistan. The applicant's claims for protection were based on his family's status as a well-known and wealthy tribal chief's family, their support for liberal values and the Pashtun cause, and the general security situation in Pakistan. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, considering both the refugee convention and complementary protection obligations.

The Tribunal was tasked with assessing the applicant's fear of returning to Pakistan. This involved evaluating the credibility of his claims regarding his family's prominence, his political leanings, and the specific threats or risks he might face. The court was also required to consider the evidence presented, including country information, and apply the relevant legal principles for assessing protection claims, including the definition of significant harm and the real risk of suffering such harm.

The Tribunal affirmed the decision under review, finding that while the applicant was identifiable as Pashtun, the evidence did not establish a real risk of significant harm. The Tribunal accepted that the applicant's cousin was murdered, but found this incident to be targeted and not associated with the wider family. While accepting that a threat was made to the applicant's brother regarding the school, the Tribunal found no evidence that this threat was linked to the applicant's family's broader circumstances or political opinions, nor that the applicant himself was the subject of any specific threat. The applicant's family's wealth and prominence, and the father's political affiliations, were not found to place the applicant at a real risk of persecution.