1730929 (Refugee)

This matter concerned an application for a protection visa by an individual from Pakistan. The applicant, who is of Hazara race and Shi’a religion, claimed to fear persecution due to these characteristics. The dispute centred on whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically the definition of a refugee.

The court was required to determine if the applicant had a well-founded fear of persecution for reasons of race and religion, as defined by section 5J of the Act. This involved assessing whether there was a real chance of persecution for these reasons and whether such a risk related to all areas of Pakistan. The court also needed to consider whether effective protection measures were available to the applicant in Pakistan or if they could reasonably modify their behaviour to avoid persecution.

The court found that the applicant is of Hazara race and Shi’a religion, and consistently claimed to fear harm on these grounds. Citing the Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan, the court noted that Hazaras in Balochistan face a high risk of violence from militants due to their ethnic and sectarian identity, and that relocation outside Balochistan is difficult or impossible for many. The court concluded that the applicant met the criteria for being a refugee under section 36(2)(a) of the Act.

Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the Migration Act.