1823083 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to fear persecution in Pakistan. The applicant, a teacher of girls, alleged receiving specific and progressive phone and written threats from extremists believed to be associated with the Taliban, stemming from her role and her western education. The Tribunal's decision was made by Member Mark O'Loughlin.

The primary legal issue before the Tribunal was whether the applicant met the definition of a "refugee" under section 36(2)(a) of the *Migration Act 1958* (Cth). This required determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if there was a real chance of such persecution occurring in all parts of Pakistan. The Tribunal also had to consider whether the feared conduct constituted serious harm and involved systematic and discriminatory conduct, and whether effective protection measures or relocation were available, or if the applicant was obliged to change her beliefs to avoid persecution.

The Tribunal accepted the applicant's claims of fearing persecution, finding that her role as a teacher of girls and her commitment to this activity constituted both a political opinion and membership of a particular social group. The Tribunal was satisfied that the threats she faced amounted to serious harm, specifically a threat to her liberty, and that this persecution was systematic and discriminatory. The Tribunal also found that effective protection was not available and that the applicant was not obliged to change her beliefs. The Tribunal relied on the evidence of the applicant's sister as independent corroboration of the threats, noting this evidence was not available to the original delegate. The Tribunal applied the definition of a well-founded fear of persecution as outlined in sections 5H and 5J of the *Migration Act*, and referenced the High Court's interpretation of "real chance" from *Chan v Minister for Immigration and Ethnic Affairs*.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.