1831953 (Refugee)

The applicant, who claimed to be a Pashtun, Shia Muslim and member of the Turi tribe from the Kurram Agency in Pakistan, sought a protection visa. He alleged he was targeted by Sunni extremists, including the Taliban, due to his religion, ethnicity, and participation in anti-Taliban protests. The applicant also raised claims based on his imputed membership of social groups, including "a failed asylum seeker returning from a Western country" and "someone with liberal values and appearance in a starkly religious country." The Administrative Appeals Tribunal (AAT) considered whether the applicant was a person to whom Australia owed protection obligations under the refugee criterion or complementary protection grounds.

The AAT was required to determine if the applicant faced persecution in Pakistan based on his claimed characteristics and experiences, and whether internal relocation within Pakistan would be a reasonable alternative to seeking protection in Australia. The Tribunal also considered the applicant's claims regarding his father's profile as a political figure and the availability of healthcare and the ability to subsist upon return. The AAT was mandated to take into account relevant Ministerial Directions, Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It applied the principle that the focus of the Convention definition of a refugee is on the general protection offered by a country, not necessarily the protection available in a specific region. The AAT considered whether it would be reasonable, in the sense of practicable, for the applicant to seek refuge in another part of Pakistan, noting that this assessment depends on the individual circumstances and the impact of relocation. The Tribunal concluded that the applicant did not satisfy the criterion for a protection visa, and therefore affirmed the original decision.