1808787 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The dispute centred on whether the applicant met the criteria for a protection visa, either as a refugee or on complementary protection grounds, in relation to their claimed fear of persecution in Pakistan. The matter was heard by Luke Hardy, a member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and alternatively, whether there were substantial grounds for believing that the applicant faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Pakistan. The Tribunal was required to consider the applicant's claims and the evidence presented, including relevant policy guidelines and country information.

The Tribunal reasoned that the onus was on the applicant to satisfy all statutory elements of their claim and that the Tribunal was not obliged to make or assist in making the applicant's case. The applicant's failure to attend the hearing prevented the Tribunal from testing the veracity of their claims through oral examination. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or that there was a real risk of significant harm upon return to Pakistan. The Tribunal also noted that the applicant did not satisfy the criteria by being a family member of someone who held a protection visa.

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