1818469 (Refugee)

The applicant sought a protection visa, claiming he would suffer harm upon return to Pakistan due to an alleged "honour killing" and being declared "karo" by a Jirga. The matter came before the Federal Circuit Court following a remittal from that court. The applicant's wife, Ms [A], also held a protection visa.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for a Convention reason, or alternatively, whether he qualified for complementary protection. A further issue was whether the applicant was a member of the same family unit as a person in respect of whom Australia had protection obligations and who held a protection visa.

The court found significant inconsistencies in the applicant's evidence regarding his claims of harm. It noted that the applicant's explanation for his father's actions concerning his marriage and financial support was not credible, particularly in light of his father's subsequent provision of a financial support letter for Ms [A]. Furthermore, the court found the applicant's account of supporting Ms [A] during a police incident involving his father to be unsupported by the evidence. Crucially, the court observed that the applicant only belatedly claimed to have been declared "karo" by a Jirga, despite having had multiple opportunities to raise this claim earlier in the process.

Despite these credibility issues concerning the applicant's direct claims of persecution, the Tribunal was satisfied that the applicant was a member of the same family unit as Ms [A], who held a protection visa. Therefore, the applicant satisfied the criterion under s.36(2)(b) of the Migration Act. The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies subparagraph 36(2)(b).