1826771 (Refugee)

This matter concerned an application for a protection visa by an applicant from Pakistan, who identified as Hazara and of the Shia Muslim faith. The applicant's claim for protection was reviewed by the Tribunal de novo, meaning it considered the evidence afresh to determine the correct or preferable decision, irrespective of the delegate's prior reasoning. The Tribunal's decision was made with regard to the facts as at the date of its determination, which was over three years after the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under s 36(2)(a) of the Act, specifically concerning the risk of persecution or harm in Pakistan due to his ethnicity and religion. This required the Tribunal to assess the current safety situation for Hazaras and Shia Muslims in Pakistan, including the effectiveness of any available protection measures and the prevailing security environment.

The Tribunal found that the security situation for Hazaras in Pakistan had deteriorated since the delegate's decision. It noted an increase in religious violence and extremist sentiment, which posed a significant risk to individuals of Shia faith, particularly those of Hazara descent. Based on its evaluation of the evidence and the worsening conditions, the Tribunal concluded that the applicant's safety was not adequately assured by internal relocation within Pakistan. Consequently, the Tribunal set aside the delegate's decision and substituted a new decision that the applicant satisfied the criteria for a protection visa.