1829436 (Refugee)

This case concerned a family of Pakistani Hindus, the applicants, who sought protection in Australia. The applicants claimed they faced persecution due to their religion and their status as members of a scheduled caste in Pakistan. The dispute centred on whether they had a well-founded fear of persecution or a real risk of significant harm if returned to Pakistan, and whether internal relocation within Pakistan would be a reasonable alternative.

The legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under the Migration Act 1958, specifically concerning a well-founded fear of persecution and the availability of effective protection or reasonable internal relocation. The Tribunal had to assess the evidence of discrimination and persecution faced by Hindus, particularly those of scheduled castes, in Pakistan, and consider whether such harm was systematic, discriminatory, and of sufficient severity to engage Australia's protection obligations.

The Tribunal considered extensive country information and the applicants' personal evidence regarding systemic discrimination, including in education and employment, and instances of targeted threats and violence. While acknowledging that the risk of abduction and forced conversion might be remote for the family as a whole upon return to Pakistan, the Tribunal found that the cumulative effect of pervasive discrimination, coupled with the specific vulnerabilities of the female applicants and the youngest son, meant that relocation to other areas of Pakistan, such as Umerkot, would not be reasonable. This was due to the ongoing risks of degrading treatment and the lack of familial support in a new environment, leading to the conclusion that Australia had protection obligations under the complementary protection provisions.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy the criterion under section 36(2)(aa) of the Migration Act, finding that they faced a real risk of significant harm.