1807284 (Refugee)

The applicant, who sought a protection visa, claimed to fear persecution in Pakistan due to his ethnicity as a Pashtun, his former homosexual identity, and his religion as a Sunni Muslim. The respondent opposed the grant of the visa, arguing that the applicant did not have a well-founded fear of persecution and that Australia did not have protection obligations towards him. The matter came before the Tribunal for review of the delegate's decision.

The Tribunal was required to determine whether the applicant possessed a well-founded fear of persecution for reasons of race, religion, nationality, or membership of a particular social group, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal from Australia, he would face a real risk of significant harm. This involved assessing the credibility of the applicant's claims and applying the relevant provisions of the *Migration Act 1958* (Cth), including sections 5H, 5J, and 36.

The Tribunal found that the applicant's claims regarding his homosexual identity were not credible, noting that he was currently in a relationship with a woman and had expressed a desire to marry. Consequently, the Tribunal did not accept that he would face a real chance of harm based on his sexuality. While acknowledging that Pashtuns in Khyber Pakhtunkhwa face a moderate risk of harm from state security forces, the Tribunal concluded that the applicant, as a young, educated, and multilingual man from the religious and ethnic majority, could reasonably relocate to an urban centre outside of Khyber Pakhtunkhwa where such risks were significantly lower. The Tribunal was not satisfied that the applicant had a well-founded fear of persecution or that he would face a real risk of significant harm upon return to Pakistan.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that Australia did not have protection obligations towards him under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth). The Tribunal also noted that the applicant had not provided evidence to satisfy the criteria for being a member of the same family unit as a person who held a protection visa.