1731742 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa on the grounds that he feared persecution in his home country. His claim was based on his alleged involvement in supporting his brother's secret marriage, which was against the wishes of the wife's family. Following the marriage, the applicant's brother was killed, and the applicant claimed to have received threats from the wife's family, who he believed blamed him for the events. The applicant also raised concerns about the risk of COVID-19 and sought protection on complementary grounds. The case was heard by a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant engaged Australia's protection obligations. This required determining if he had a well-founded fear of persecution in Pakistan for reasons of membership of a particular social group, specifically a person targeted for honour killing, or if he was at risk due to COVID-19. Alternatively, the Tribunal had to consider if the applicant met the criteria for a protection visa on complementary grounds, which involved assessing whether there was a real risk of significant harm upon removal from Australia.

The Tribunal considered the applicant's claims and evidence, noting inconsistencies and contradictions in his statements. It found that the applicant's account of his brother's death and the subsequent threats was not credible. Specifically, the Tribunal noted that the applicant had previously stated in a student visa application that his brother died in an accident, and that an unnatural death did not necessarily imply murder. Furthermore, the Tribunal observed that the wife's family had not suffered harm despite being victims of honour killings, and that the wife had since remarried. The Tribunal also considered country information and concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958. The Tribunal also determined that the applicant did not satisfy the criteria under section 36(2)(aa) for complementary protection.