1804865 (Refugee)

This matter concerned an appeal by Mr. A and Ms. B against a decision of the Refugee Tribunal. The applicants, who are Shi'a Muslims and Mr. A is of the 'Syed' ethnic group, sought protection visas based on fears of persecution in Pakistan from Sunni extremist groups. They claimed to be active members of the Shi'a community and alleged past incidents of violence and threats, including beatings and their family home being attacked.

The court was required to determine whether the Tribunal erred in its assessment of the applicants' claims for protection. Specifically, the court needed to consider whether the Tribunal adequately assessed the risk of significant harm the applicants would face if returned to Pakistan, taking into account their religious and ethnic identity, and their alleged membership in the Shi'a community. The court also had to consider the complementary protection criterion under section 36(2)(aa) of the Act, which applies if a person faces a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The court noted that if a person does not meet the refugee criterion under s 36(2)(a), they may still qualify for a visa under the complementary protection criterion if there are substantial grounds for believing they will suffer significant harm upon removal. The Tribunal was directed to consider Ministerial Direction No. 84, the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information from DFAT. The applicants' evidence detailed threats and violence from anti-Shi'a groups, including specific incidents of beatings and a shooting attack on their vehicle, and asserted that Pakistani authorities offered no protection.

The decision under review was remitted.