1801188 (Refugee)

The applicant, a national of Pakistan, sought review of a delegate's decision to refuse a protection visa. The applicant claimed to fear persecution upon return to Pakistan due to his and his family's political opposition to the Taliban and support for the Pakistan People's Party. The applicant's family had a history of involvement with the Pakistan People's Party and a local peace committee, which had led to threats, attacks, and the deaths of friends and associates. The applicant himself had been involved in a violent ambush and subsequently suffered mental health issues.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of political opinion, or alternatively, whether he faced a real risk of suffering significant harm as a necessary and foreseeable consequence of being removed from Australia to Pakistan. This involved assessing the credibility of the applicant's claims, the nature and extent of the threats and violence directed at him and his family, and the availability of effective protection in Pakistan.

The court found that the evidence credibly reflected the applicant's history of political involvement and the significant threats and violence his family had faced from the Taliban. It noted that the applicant's family, including his father and brother, continued to reside in Swat District. The court considered the provisions of the *Migration Act 1958* concerning refugee status and complementary protection, including the definitions of significant harm and effective protection measures.

Ultimately, the Tribunal remitted the matter for reconsideration. It concluded that there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant's removal from Australia to Pakistan, there was a real risk that he would suffer significant harm.