1804704 (Refugee)

The applicant, a Shi’a Muslim from Pakistan, sought a protection visa on the grounds of religious persecution. The applicant claimed to have been targeted by the extremist Sunni group Sipah-e-Sahaba (SES) due to his devout practice of Shi’a Islam, which included public self-flagellation. He alleged that his family was targeted, his father was killed, and he himself had been stabbed during an attack on a religious march. The case was heard by Member Luke Hardy of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, whether he was entitled to complementary protection under section 36(2)(aa) due to a real risk of significant harm if returned to Pakistan. The Tribunal was required to consider the applicant's claims in light of relevant country information and policy guidelines, including the definition of "significant harm" and the circumstances under which a person would not be taken to face such a risk.

The Tribunal considered the applicant's claims of persecution, including the attacks on Shi'a gatherings and marches, and his prominent role within the Imamia Student Federation. However, the Tribunal found that the applicant had not established that he met the criteria for a refugee visa. Specifically, the Tribunal noted that there was no suggestion that the applicant satisfied the criteria based on being a member of the same family unit as a person who held a protection visa. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.