1801113 (Refugee)

This matter concerned an application for a protection visa by a citizen of Pakistan. The applicant claimed he feared persecution and torture upon return to Pakistan due to his membership in the Peoples Student Federation (PSF), alleged political violence, an arrest warrant, and a murder conviction in absentia. He also raised concerns about generalised violence in Pakistan and the risk of being targeted by extremist groups due to his prolonged residence in a Western country. The Administrative Appeals Tribunal (AAT) affirmed a delegate's decision to refuse the visa.

The primary legal issues before the court were whether the applicant had established a real risk of significant harm if returned to Pakistan, and whether Australia had protection obligations towards him under the *Migration Act 1958* (Cth). Specifically, the court was required to consider the applicant's claims of persecution based on his political activities, the alleged arrest warrant and conviction, and the general country situation in Pakistan, as well as his claims for complementary protection. The court also had to determine if the applicant was a credible witness and if his explanations for delays in seeking protection were satisfactory.

The Tribunal found that while the applicant was a member of the PSF, his involvement was limited, and he was not a credible witness regarding the extent of his political activities or the alleged criminal charges. The Tribunal was not satisfied that the applicant faced a real risk of significant harm due to generalised violence in Pakistan, nor that he would face harm due to suspected Western values or imputed political opinions. The Tribunal also found that the applicant had not established a risk of harm as a failed asylum seeker and that he could safely relocate within Pakistan. Consequently, the Tribunal concluded that Australia did not have protection obligations towards the applicant under section 36(2)(aa) of the Act.

The Federal Circuit Court had previously remitted the matter due to jurisdictional error, finding the Tribunal had failed to consider the applicant's individual circumstances in light of generalised violence in Pakistan. Following this remittal, the applicant sought Ministerial Intervention, providing evidence of his marriage to an Australian citizen and stepchildren. However, at a subsequent hearing, the applicant indicated he had no new evidence and his focus was on the Tribunal referring his case for Ministerial intervention due to changed personal circumstances. The Tribunal affirmed the previous decision.