1730875 (Refugee)

The applicant, a Pakistani national, sought review of a decision concerning his application for a protection visa. He claimed to fear harm from the Taliban, the Pakistan government, and criminal elements due to his past involvement with the Awami National Party (ANP), his advocacy for female education, his contribution to a polio eradication program, and a perception of wealth. The applicant also alleged receiving a threat letter and that his family had been visited by the Taliban. Since arriving in Australia, he had established a non-governmental organisation in Pakistan with a significant online presence.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically considering the complementary protection criterion under s 36(2)(aa) of the Act. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faced a real risk of suffering significant harm. The court also had to consider the meaning of significant harm and the circumstances under which a person would not be taken to face such a risk, as outlined in ss 36(2A) and (2B).

The court reasoned that the applicant's claims of fear were based on his progressive views, which conflicted with those of the Taliban and other jihadist-Islamist groups, and his past and present activities. It noted that the applicant had established an NGO and maintained an online presence, which could increase his profile and potential risk. The court also considered the applicant's family background and business interests, which contributed to the perception of wealth. Having regard to Ministerial Direction No. 84 and relevant guidelines, the court concluded that the matter should be remitted for reconsideration.

The decision under review was remitted for reconsideration.