1821622 (Refugee)

The applicant, a citizen of Pakistan, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The Federal Circuit Court of Australia had previously remitted the matter for redetermination. The applicant claimed to fear persecution based on his political opinion, specifically his anti-TTP (Tehrik-i-Taliban Pakistan) and anti-radical Islamic militant convictions and activities. He also claimed membership of a particular social group, being a member of the Mangal tribe and holding the designation of 'Malik' (tribal chief), noting that his appointment as Malik had occurred in absentia and departed from strict primogeniture.

The court was required to determine whether the applicant would be a refugee within the meaning of section 5 of the *Migration Act 1958* (Cth) if returned to Pakistan. This involved assessing whether he held a well-founded fear of persecution for reasons of his political opinion or membership of a particular social group. The court also needed to consider the effectiveness of state protection available to the applicant in Pakistan and whether internal relocation would be reasonable.

In its reasoning, the court analysed the applicant's claims regarding his political opinion and his status as a tribal chief. It considered the evidence presented concerning the applicant's activities against militant groups and the potential consequences he might face. The court also examined the nature of the Mangal tribe and the significance of the 'Malik' designation, including the circumstances of the applicant's appointment. The court applied the principles established in refugee law concerning the assessment of well-founded fear, the definition of a particular social group, and the availability and reasonableness of state protection and internal relocation.

The decision under review was remitted for redetermination.