1820814 (Refugee)

This matter concerned an application for a protection visa by a citizen of Pakistan who identifies as an Ahmadi Muslim. The applicant claimed to fear persecution in Pakistan due to his religious beliefs, citing experiences of harassment, discrimination, and threats of violence against himself and his family. The case was heard by Member Anne Grant of the Refugee Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958, and if not, whether there were substantial grounds for believing that his removal from Australia to Pakistan would result in a real risk of significant harm. The Tribunal was required to consider the applicant's claims in light of relevant country information and policy guidelines, including the Complementary Protection Guidelines.

The Tribunal considered the applicant's evidence regarding the officially sanctioned discrimination and societal vilification faced by Ahmadis in Pakistan, including instances of abuse, threats, and impediments to their livelihood. However, the Tribunal found that the applicant did not satisfy the criteria for a well-founded fear of persecution. Furthermore, the Tribunal concluded that the applicant did not meet the threshold for complementary protection, meaning there were no substantial grounds to believe he would suffer significant harm upon return to Pakistan.

Ultimately, the Refugee Tribunal affirmed the decision not to grant the applicant a protection visa.