1725543 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant, a Shia Muslim of Pashtun ethnicity from Hangu, Khyber Pakhtunkhwa, claimed a well-founded fear of persecution due to his religious beliefs and his status as an educated professional. The court 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 effective protection measures were available to him in Pakistan.

The court considered the applicant's evidence regarding the history of sectarian violence in Pakistan, particularly against the Shia minority, and the specific threats he faced in his home region of Hangu. It examined the applicant's personal circumstances, including his family ties, educational background, and professional experience, and assessed whether these factors placed him at a heightened risk of persecution. The court also considered the applicant's arguments regarding the inability of the Pakistani state to provide effective protection and the unreasonableness of internal relocation given the generalised risk of harm and his family responsibilities. The court applied the principles of the Migration Act 1958 concerning well-founded fear of persecution, serious harm, and the availability of effective protection measures, including the concept of internal relocation.

The court affirmed the decision under review, finding that the applicant did not have a well-founded fear of persecution. This conclusion was based on the assessment that while the applicant faced general risks common to the population in Pakistan, he had not demonstrated a real chance of being persecuted for reasons of his race, religion, nationality, membership of a particular social group, or political opinion. The court also found that effective protection measures were available to the applicant within Pakistan, and that it would be reasonable for him to relocate to an area where he would not face a real risk of significant harm.