1826312 (Refugee)

This matter concerned an application for protection visas by a family of four, who were citizens of Pakistan. The applicants claimed they feared persecution if returned to Pakistan due to threats from the Taliban and other extremist groups. These fears were based on their residence and education in Australia, the birth of their children in Australia, and the general lack of law and order in Pakistan. The first applicant also claimed to be targeted due to her family name, which she believed would lead to her being imputed as Shia Muslim and thus targeted by Sunni extremists.

The primary legal issues before the Tribunal were whether the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there was a real risk they would suffer significant harm if returned to Pakistan. Specifically, the Tribunal had to consider whether their long-term residence in Australia, the birth of their children in Australia, and the Australian citizenship of one child placed them at a heightened risk. The Tribunal also had to assess the claim that the first applicant's family name would lead to persecution and consider the general security situation in Pakistan.

The Tribunal considered extensive country information, including reports from the South Asian Terrorism Portal and the Department of Foreign Affairs and Trade, which indicated a significant improvement in the general security situation in Pakistan, particularly in Karachi and Sindh province, due to military operations and law enforcement initiatives. The Tribunal found that while the applicants may have a subjective fear, the objective country information did not support a conclusion that they would face a real chance of persecution or significant harm for any of the reasons specified in the Migration Act 1958. The Tribunal noted that many Pakistanis reside overseas and return without being targeted, and that the country information did not suggest that people born in Australia or holding Australian citizenship were specifically targeted. The Tribunal also found that the risk of harm based on the first applicant's family name was remote, given the improved security and the fact that she was a Sunni Muslim. The Tribunal concluded that the applicants' fears were either not based on a s.5J reason or were shared by the general population, and that effective protection measures were available in Pakistan.

The Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria for a protection visa under s.36(2)(a) or (aa) of the Migration Act 1958.