1802336 (Refugee)

The applicant sought a protection visa, claiming past confrontations with the Taliban in Pakistan due to his support for a village defence committee and his family's opposition to the Taliban, as well as his support for the PML-N political party. The case was heard by Deputy President Denis Dragovic of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth). This involved assessing the applicant's well-founded fear of persecution or the real risk of suffering significant harm upon return to Pakistan, considering his past activities and current circumstances, including his mental health challenges.

The Tribunal considered evidence regarding the applicant's Post-Traumatic Stress Disorder and Generalised Anxiety Disorder, noting that while some stressors contributing to his condition might be mitigated by returning to his family in Pakistan, the ultimate assessment of risk depended on the Tribunal's findings regarding the credibility of his claims of violence. The Tribunal also noted that the applicant did not satisfy the criterion under section 36(2)(b) or (c) as a member of the same family unit as a protection visa holder.

The Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that the applicant did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth).