1731997 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by six applicants born in Pakistan and one applicant born in Australia, all of whom were found to be Pakistani citizens. The applicants sought review of a delegate's decision to refuse their protection visa applications. The core of the dispute concerned whether the applicants could establish claims for protection based on their Christian faith and their status as a particular social group, specifically young, Western-educated Christian women, and whether they could access state protection in Pakistan.

The Tribunal was required to determine if the applicants met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved assessing whether they had a well-founded fear of persecution based on their religion or membership in a particular social group, and whether they could obtain protection from the Pakistani authorities. The Tribunal also considered the concept of a "family unit" in the context of protection claims.

The Tribunal's reasoning focused on the specific circumstances of the applicants. It found that Applicant 7 met the criteria under section 36(2)(aa) of the Act. For the other six applicants, the Tribunal determined that they satisfied section 36(2)(c)(i) of the Act by virtue of being members of the same family unit as Applicant 7. The Tribunal remitted the matter for reconsideration with these directions.