1805786 (Refugee)

The applicant, a woman from Quetta, Pakistan, sought a protection visa, claiming she would face persecution and significant harm upon return due to her gender, Shia religion, Hazara ethnicity, and her status as a victim of domestic violence and a woman without a male protector. She alleged a history of serious family violence and threats from extremist groups for her religious activities and ethnicity. The case came before the Tribunal for reconsideration of a previous decision.

The central legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) on complementary protection grounds due to a real risk of significant harm upon removal from Australia. The Tribunal was required to consider the applicant's claims in light of the relevant guidelines and country information, particularly concerning the risks faced by women, Hazaras, and Shia Muslims in Pakistan, and the availability of state protection.

The Tribunal applied the principles outlined in the *Migration Act 1958* (Cth) regarding refugee status and complementary protection. It considered the applicant's personal circumstances, including her ethnicity, religion, history of family violence, and her role within her community. The Tribunal also took into account the country information regarding the security situation in Quetta and the general risks faced by individuals with similar profiles. After reviewing the evidence and submissions, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a).

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).