1837204 (Refugee)

1837204 (Refugee) [2023] AATA 4539 (26 October 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
REPRESENTATIVE:  Ms Toniey Munro
CASE NUMBER:  1837204
COUNTRY OF REFERENCE:                   Pakistan
MEMBER:Nora Lamont
DATE:26 October 2023
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal affirms the decision not to grant the applicants protection visas.

Statement made on 26 October 2023 at 9:49am
CATCHWORDS
REFUGEE – Protection Visa – Pakistan – religion – Sunni Muslim – member of the Tablighi Jamaat – associated with anti-extreme views and beliefs – particular social group – profile as a preacher with views opposing those of extremist groups in Pakistan – a preacher returning from the west – women in Pakistan – contradictory evidence – decision under review affirmed

LEGISLATION
Migration Act 1958, ss 5, 36, 65, 499
Migration Regulations 1994, Schedule 2
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 28 November 2018 to refuse to grant the applicants protection visas under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicants who claim to be citizens of Pakistan, applied for the visas on 10 March 2017.
The applicants appeared before the Tribunal on 24 August 2023 to give evidence and present arguments. The Tribunal adjourned the hearing on 24 August 2023 and reconvened on 31 August 2023. The Tribunal received oral evidence from the applicant’s wife (applicant two) and youngest son (applicant three) the applicant’s oldest child and his daughter both of whom are Australian citizens, and his daughter who remains is in Pakistan. The Tribunal hearing was conducted with the assistance of an interpreter in the Urdu and English languages.
The applicants were represented in relation to the review.
There are no non-disclosure certificates on the applicant’s file.
The following submissions were given to the Tribunal during this review: [1]
[1] AAT Folio file 1837204
·Department’s Decision Record and Notification letter dated 28 November 2018
·Representative Submission dated 17 August 2023
·Statutory Declaration of [the applicant, Mr A] dated 17 August 2023
·Statutory Declaration of [the second applicant, Mrs B] dated 17 August 2023
·Statutory Declaration of [the third applicant, Mr C] dated 17 August 2023
·Letter of [Trustee] of [a] Foundation Ltd (undated)
·Photographs of the applicant’s preaching activities in Australia
·[Applicant’s daughter, Ms D]’s Hospital Emergency Admission document dated 16 March 2023
·[Ms D]’s Police Report dated 17 March 2023
·Photographs of [Ms D’s] and [Ms D’s daughter’s] injuries, including [Ms D]’s ID
·[Mr A] - Medical Imaging Request dated 15 August 2023
·[Mr A] - Pathology Testing Request dated 15 August 2023
·[Mrs B] - Pathology Report Request dated 10 January 2023
·[Mrs B] - Medication Prescriptions dated 3 August 2022 to 10 January 2023
·[Mrs B] - Photographs of prescription medications
·[Mrs B] - Referral Letter to [a named doctor] dated 11 August 2021
·[Mrs B] - Referral letters to [a named doctor] dated 19 August 2021
·[Mrs B] - Specialist letter from [a named doctor] [dated] 15 August 2023
·USCIRF, ‘Religious Freedom in Pakistan in 2002’, August 2022
·DFAT, ‘Country Information Report: Pakistan’, 25 January 2022
·USDoS, ‘Pakistan 2022 International Religious Freedom Report’
·Khan, S ‘Critics warn over blasphemy case against Imran Khan’, DW Asia, 5/03/2022
·Iqbal, Anwar ‘US slams use of blasphemy laws against political opponents’, DAWN 16/08/2023
·Choudhary, Sohail ‘Tablighi Jamaat faces allegations of spreading religious hatred’, BLiTZ 09/07/2023
·Gul, Imtiaz ‘Transnational Islamic networks’, International Review of the Red Cross 92 (880), December 2010
·Mehsud, Saud ‘Islamic State claims responsibility for Pakistan bombing, death toll rises to 45’, Reuters 01/08/2023
·Global Terrorism Index 2023, ’10 Countries Most Impacted by Terrorism: Pakistan’
·Smartraveller.gov.au ‘Pakistan’ updated 11 July 2023
·Bokhari, Farhan and Parkin, Benjamin ‘Pakistan’s economic crisis puts healthcare costs out of reach’ Financial Times 09/04/2023
·Shahzad, Asif ‘Pakistan hikes drug prices by 20%, manufacturers want more’, Reuters 28/04/2023
·Bundle of photographs received 22 August 2023
·Further submission from the Representative dated 7 September 2023
·Articles related to travel advisories to Pakistan
·Human Rights Council UN General Assembly compilation on information on Human Rights
CRITERIA FOR A PROTECTION VISA
The criteria for a protection visa are set out in s 36 of the Act and Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). An applicant for the visa must meet one of the alternative criteria in s 36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.
A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country: s 5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s 5H(1)(b).
Under s 5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a person will be taken not to have such a fear are set out in ss 5J(2)-(6) and ss 5K-LA, which are extracted in the attachment to this decision.
If a person is found not to meet the refugee criterion in s 36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s 36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss 36(2A) and (2B), which are extracted in the attachment to this decision.
Mandatory considerations
In accordance with Ministerial Direction No.84, made under s 499 of the Act, the Tribunal has taken account of the ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’ prepared by the Department of Home Affairs, and country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.
CONSIDERATION OF CLAIMS AND EVIDENCE
Based on copies of the applicant’s passports which were provided to the Department and the applicants oral and written evidence, and in the absence of any evidence to the contrary, the Tribunal accepts that the applicants are nationals of Pakistan and has assessed their claims against that country in relation to s36(2)(a) and s36(2)(aa) of the Migration Act.
There is no evidence before the Tribunal to suggest that any of the applicants has the right to enter and reside in any safe third country for the purposes of s36(3) of the Migration Act.
The primary applicant [Mr A] first arrived in Australia on a visitor’s visa on [date] February 2017. Applicant two, the wife of [Mr A], [Mrs B] arrived with her (their) son applicant three [Mr C] on [date] December 2016.
The applicants have a son [and] a daughter [who] are both Australian citizens and reside in Australia. They have three daughters who remain in Pakistan.
Claims
The primary applicant [Mr A] is a [age]-year-old Sunni Muslim from Gujranwala Punjab Pakistan.
The primary applicant’s claims as taken from his protection visa application are as follows [2]
[2] [Deleted]
- I started to promote peace through Pakistan and Asia and soon became the target of extremist groups. In particular, I became a target of iterations of Jaish-e-Muhammad (also known as SSP) I want to save people from the evil and bring them to good.
- I believe that this is what the prophet asks. These groups stop people from knowing the truth about Islam and in particular, preach bate to children I believe that they are translating the Qaran wrong. The community like the way that I preach because I am spreading a clear and truthful message of Islam. I believe that the word jihad' is meant to encourage people to stop violence, not to fight. The struggle is an internal one.
- Extremist groups began to send me threatening letters and attacked me in 2012 because they didn't like what I was preaching.
- They would use bad language and would even spit on me. My wife and I have also been robbed. I was confined in our home and felt like a prisoner. A lot of my family in Pakistan have been harassed as a result of my teaching, both immediate and extended family. I am worried for the safety of my family.
- I fear that if I return, the terrorists will be successful in their intention to harm myself and my family. I fear that they will find me, as they have found me before and harm me. They are trying to stop me from my preaching.
- I have been threatened and harassed by extremist groups. They have sent me letters, swore at me and spat on me. I was also attacked in 2012, where I was stabbed in the stomach. They left me for dead.
·They harm me because they want me to stop preaching about peace. They also threaten my family, hoping that I will stop.
- I reported the letters & the attack to the police, but nothing was done.
- I moved to my wife's village, [Village 1], but after a month the people involved in this organisation knew where I was. They will always be able to find me. I am scared that they will find me if I return to Pakistan.
Applicant Two’s Claims
Applicant two [Mrs B] is a [age]-year-old Sunni female from Gujranwala Punjab Pakistan. She relies upon her husband’s claims however, additional claims were made to the Tribunal on behalf of applicant two are as follows: [3]
·The applicant needs medication for her arthritis and high blood pressure she will not be able to access in Pakistan.
·She has mental health issues and anxiety.
·She would be a woman at risk in Pakistan.
[3] AAT Folio File 1837204
Applicant Three’s Claims
Applicant three [Mr C] is a [age]-year-old Sunni male from Gujranwala Punjab Pakistan. He relies upon the primary applicant’s claims however, claims made to the Tribunal as written in Annexure 3 of the Tribunal folio 11413052 are as follows: [4]
·He fears he will be kidnapped, tortured, or killed because of his dads preaching.
·He fears he will be shot, captured, tortured, or imprisoned for being his father’s son and being associated with anti-extreme views and beliefs.
·The extremists and terrorists will harm me as they have harmed my father in the past.
·Being one of the only males in the family will put him in direct danger of the terrorist.
·I am afraid that I will be targeted because pf the time that I have spent in a western country and the western values I now have.
·He would not be able to find work or to support himself as he has a lack of knowledge, work history and understanding of the Pakistani way of life. He will suffer from severe economic hardship that will threaten his ability to survive.
·Finding a proper and safe place to live will be a problem and his path will eventually cross with terrorist groups.
[4] AAT Folio 11413052 Annexure 3
Tablighi Jamaat & Tribunal Hearing
At the hearing the Tribunal asked the applicant to describe the six principles of Tablighi Jamaat which are:
Faith in the oneness of Allah (the Kalima)
The offering of the five prayers daily (Salat)
The knowledge and the remembrance of Allah (‘Ilm & Dhikr)
Respect for every Muslim (Ikram al Muslim)
Sincerity of intention (Ekhlas)
Time set aside for this work (Dawah & Tabligh)
The applicant did not relay to the Tribunal all six principles, he said you need to work hard, and his response was vague. The applicant said he joined the Tablighi Jamaat in the year 2000 and that his preaching involves trips to other countries where he fulfills his Khuru commitment to Tablighi Jamaat. He has been to [other countries]. Since arriving in Australia, the applicant has been preaching in remote areas across Australia and has provided photographs of his proselytising trips in Australia. When asked who paid for these trips overseas and within Australia, he said the Tablighi Jamaat does not pay for the trips the members must pay for themselves. In his case he said his son gave him the money to attend these trips.
The Tribunal asked him what his message to people was when he was proselytising, and he responded that he does what God wants us to do, what is written, and that people should not go to Kashmir to fight.
The applicant explained that in the Tablighi Jamaat he would proselytise door to door and tell men that prayer time was coming up. When asked if he was speaking about radicals and terrorists, he said he was talking about the radicals and terrorists taking kids to Kashmir. In 2011 he received a threating letter telling him to stop his work with the Tablighi Jamaat. Following the arrival of the letter in 2011, in 2012 he was attacked by two men on motorcycles, he was shot at and then stabbed in the stomach. He had gone to buy tiles with his neighbours when the incident occurred. The applicant showed the Tribunal the scar on his stomach. One of his companions was killed by the men on the motorcycles. He was hospitalised and he reported the attack to the police.
After this attack he stopped proselytising in his home area and went further afield. He went with his family to his wife’s family house which is in [Village 1] as they thought it would be safe, but they were shot at there as well. Sometime after this he received another letter threatening him and his family, so he restricted his movements and the women and children of the family had to stay indoors most of the time. There were two more times that the applicant was shot at, once when he was getting ready for sleep on the roof of the house (as it was hot, so they slept outside) but the bullet bounced off his chest, and another time when there was shooting towards him but unfortunately his neighbour was hit by a bullet and she became paralysed. This was sometime in 2015 or 2016 and after this he made plans to leave.
The letter which is in the Departmental file is from the JAMMAT-UL-DAWA PAKISTAN.[5] Apart from this one letter there is no evidence of any attacks on the applicant. There are no hospital reports and no police reports related to the attack the applicant claims happened to him with his two companions. Further, the Tribunal has considered that if someone was shot at and stabbed and another person was killed on the street there would be some media coverage of this attack. However, the Tribunal was not able to locate any articles in relation to this event.
[5] [Deleted]
When asked if the Tablighi Jamaat assisted the applicant with his issues he was having including being shot at the applicant said no. When the Tribunal asked if other Tablighi Jamaat members had issues with terrorist organisations he said lots of them did, but he did not elaborate.
The Tribunal asked the applicant how he could leave his daughters in Pakistan given the persecution he claims to have felt from the terrorists. He said he was not able to bring the entire family as they would not be able to get visas for everyone.
The applicant spoke about the business he owned in his home area. He said they made some money, and they had four people working at the business making [products] for wholesale. The Tribunal asked him what happened to his business, and he said he sold it six months after arriving in Australia. However, the Tribunal notes that in the delegates decision he said he closed the business after an attack which took place on 12 January 2012. This is a huge discrepancy covering many years.
Daughter [Ms D] and attack
The applicants claimed that their daughter and granddaughter were attacked on 16 March 2023 outside of the granddaughter’s school. The Tribunal was given photographs of the child’s foot injury and a photo of the mother’s arm which appeared to have had surgery or many stiches as there was a long scar on her arm. [6] [Ms D] claims in a statement provided to the Tribunal and over the telephone with the Tribunal that she knew by the way the people were dressed on the motorbike that they were terrorists, and they were wearing masks. She knew that it was because of her father that they were attacked. She reported the attack to the police, but they didn’t do anything about it.
[6] Annexure 8 Representatives submission
The Tribunal accepts that the applicant’s granddaughter was injured on her foot as the photographs are compelling, however for the following reasons the Tribunal does not accept that they were singled out in front of a school because of her father’s preaching and attacked by terrorists. [Ms D] got married in 2011 and moved out of the home some 12 years prior to the incident. The Tribunal has considered that is a long time away from her family and not having any problems before this time when her father was still in the country. Further, the alleged attack took place six or seven years after the primary applicant and family members had left Pakistan. Why they would choose to suddenly appear and attack a woman and child after so long, and a woman who has not lived with her father since 2011 is perplexing.
The copy of the Emergency Slip provided to the Tribunal only indicates that the daughter was injured not the mother and handwritten on the slip in English it says attack by terrorists. The rest of the handwriting on the slip is not in English. Whilst the Tribunal accepts that the applicant’s granddaughter was injured somehow, it does not accept based on the evidence before it that the daughter [Ms D] was injured at the same time or that terrorists committed this act.
Mr [A] and [Mrs B] health concerns
The primary applicant was seen by physicians for cognitive dysfunction and had a CT scan on 25 August 2023. The results of the CT scan were provided to the Tribunal and showed no changes in the applicant’s brain. At the hearing the Tribunal did not notice any profound issues with the applicant responding to questions posed and appeared to have normal cognitive function.

[Mrs B] has rheumatoid arthritis and takes medication for her symptoms. A copy of a doctor’s letter [7] pathology request, [8]and photos of scripts were provided to the Tribunal. In her statutory declaration she also claims to have high blood pressure and she takes medication for fluid retention. [9]
[7] Annexure 16 Representatives submission
[8] Annexure 11 Representatives submission
[9] Annexure 2 Representatives submission
The Tribunal does not accept based on the above evidence that the applicant has a cognitive impairment. Whilst the Tribunal accepts that [Mrs B] has arthritis and high blood pressure, she would be able to access these drugs in Pakistan to continue her treatment. Whilst the Tribunal acknowledges that the applicant would have better health care treatment in Australia, she would still be able to access the prescription medication needed for her arthritis and high blood pressure. The Tribunal also acknowledges that the applicant has anxiety and mental health issues, and this is frequently the case when awaiting a migration matter and having uncertainty about the future.
Trip to [Country 1] and other countries
The applicant and his wife left Pakistan and travelled to [Country 1] for a religious pilgrimage, and they were gone for one month in 2016 the year before arriving in Australia. This undermines the applicant’s credibility, as he claims he was in hiding and being attacked yet he left the country for one month and then returned on a trip that was not related to his work with the Tablighi Jamaat. The Tribunal has considered that if the applicant was that fearful, he would have sought refuge in [Country 1] or not gone, rather begin the process of getting away from the fear he felt. Yet he returned to Pakistan and lived another year prior to coming to Australia.
Further, the applicant had been to other countries with the Tablighi Jamaat where he could have sought refuge, yet he kept returning to Pakistan. He also claims he fears for his family, yet he left them in Pakistan during his trips, and left four daughters in Pakistan when he came to Australia. (Three daughters now as one has subsequently arrived in Australia).
Oldest son beaten
The Tribunal asked the applicant about the claim that his oldest son [name] was beaten severely. The applicant was vague about the details and said that its too dangerous to stay in Pakistan. He then said he was beaten in the playground. When the Tribunal spoke to [the son], he said he was very young and used to get into fights. He claimed it was because of his father’s preaching. His mother told the Tribunal that he hid it from them. However, [the son] was born in [year] and would have been [age] years old when his father began preaching for the Tablighi Jamaat in 2000. It does not add up chronologically that he was beaten up in the playground because his father was a preacher. The Tribunal does not accept that the applicant’s son was severely beaten because of his association with Tablighi Jamaat.
Oldest son married a westerner
The applicant claims that because his eldest son in Australia married a westerner and named his children western names this will mean he will be seen as having embraced western culture and he won’t be welcomed as a member of the community. First the Tribunal doesn’t know how anyone would know his son married a westerner and why they would care. By claiming this he is attempting to say that all people in Pakistan are anti-western, and all people will be against him for this reason. The Tribunal does not believe that all people in Pakistan are anti-western and that he will be harmed by these opinions. The applicant has expressed his desire to continue to preach with Tablighi Jamaat and there seems no clear reason why people would know or care that his son in Australia married a westerner.
[Mr C] Applicant Three
The third applicant is the son of Mr [A] and is [age] years old. He has been in Australia since the age of [age] or [age]. He now considers himself ‘western’. He dresses western and does not observe strict Muslim faith. The applicant’s representative in a submission dated 7 September 2023 asserts that the applicant is now western and as such would face harm based on having been in a western country.
Conditions for returnees
5.28 Returnees tend to leave Pakistan on valid travel documents and therefore do not commit immigration offences under Pakistani law. Those who return voluntarily and with valid travel documentation are typically processed like any other citizen returning to Pakistan. The government issues ‘genuine’ returnees with temporary documents when they arrive. A genuine returnee is defined as someone who exited Pakistan legally irrespective of how they entered destination countries. Those who are returned involuntarily or who travel on emergency travel documents are likely to attract attention from the authorities upon arrival. Immigration officials will interview failed returnees and release them if their exit was deemed to be legal but may detain those deemed to have departed illegally.
5.29 People suspected of or charged with criminal offences in Pakistan are likely to face questioning on return, irrespective of whether they departed legally or not. DFAT understands that people returned to Pakistan involuntarily are typically questioned upon arrival to ascertain whether they left the country illegally, are wanted for crimes in Pakistan, or have committed offences while abroad. Those who left Pakistan on valid travel documentation and have not committed any other crimes are typically released within a couple of hours. Those found to have contravened Pakistani immigration laws are typically arrested and detained. These people are usually released within a few days after being bailed out by their families or having paid a fine, although the law provides for prison sentences. Those wanted for a crime in Pakistan or who have committed a serious offence abroad may be arrested and held on remand or required to report regularly to police.
5.30 Returnees are responsible for arranging their own onward transportation from their point of entry into Pakistan. Voluntary returnees may be eligible for assistance from the IOM and/or domestic NGOs. Returnees are typically able to reintegrate into the Pakistani community without repercussions stemming from their migration attempt, although involuntary returnees who took on debt to fund their migration tend to face a higher risk of financial hardship and familial shame. A small percentage of returnees do not reintegrate and go abroad again to seek asylum.
5.31 DFAT assesses that returnees to Pakistan do not face a significant risk of societal violence or discrimination purely as a result of their attempt to migrate, or purely because they have lived in a Western country. Nevertheless, DFAT notes societal or official discrimination or violence can still occur due to the reason they attempted to migrate, or because of behaviour or opinions they displayed while living abroad (see Race/Nationality, Religion, Political Opinion (Actual or imputed), Groups of Interest).
The Tribunal acknowledges that the third applicant does not want to return to Pakistan. However, many people in Pakistan do not dress traditionally and wear western clothes.
Western Culture in Pakistan
According to DFAT, ‘western influence remains pervasive in many parts of Pakistan, particularly in large urban centres.’[10] DFAT also provided information outlining the significant level of western influence in Pakistan:
Western films and music are widely available (though in many cases subject to censorship) and western branded chains operate throughout Pakistan. Both Urdu and English are recognised as official languages in Pakistan. English is taught in many schools and is widely spoken among Pakistan’s elite. Many Pakistanis have relatives living in western countries and many more aspire to migrate abroad.
[10] Department of Foreign Affairs and Trade 2013, DFAT Country Information Report Pakistan, 29 November, Section 3.75, p.18
Women at risk in Pakistan
The representative in a submission dated 7 September 2023 states that [Mrs B] would have little control over her life if returned to Pakistan, given her inability to interfere in or voice a counter opinion on her husband’s involvement in the Tablighi Jamaat. Also included in the submission was country information on gender equality and women in Pakistan.
The Tribunal has considered a report by Human Rights Without Frontiers which sheds some light on how women are treated in the Tablighi Jamaat organisation.
Women are under male control in Tabligh Jamaat. They are required to practice complete seclusion and segregation in everyday life, and to cover themselves entirely in public with a burka or face veil. The Tabligh Jamaat movement has been strongly criticised on these points. Women are encouraged to share their Islamic beliefs with other women and may travel for this purpose. However, only married women are allowed to undertake such missionary activities and they must always be accompanied by a male relative, preferably their husband.[11]
[11] Human Rights Without Frontiers Int Tabligh-Jamaat-2020_online.pdf (hrwf.eu)
The Tribunal has considered the evidence given by the applicant’s wife at the hearing in which she said that she was a woman, and her opinion about her husband being a member of the Tablighi Jamaat does not matter.
Whist the Tribunal accepts the country information around gender roles in Pakistan the applicant and his wife have been married for many years and resided in Pakistan for most of their lives. Mrs [B] would not be without a male guardian upon return to Pakistan as her husband would be with her, several of her daughters live in Pakistan and she has a support system. From the evidence before the Tribunal many of the applicant’s wife’s gender issues arise within the family unit and the primary applicant’s involvement with the Tablighi Jamaat.
Jaish-e-Muhammad and attacks
The applicant claims that he has been subjected to violence and hatred by Jaish-e-Muhammad. According to country information these groups such as Jaish-e-Muhammad and Lashkar-e-Taiba do not generally carry out attacks within Pakistan although it can happen. The applicant has claimed multiple attacks throughout the years and claims they are from Jaish-e-Muhammad. [12]
Nationalist and ethnonationalist groups
2.43 India-focused Sunni extremist groups use Pakistan as a safe-haven, as well as for recruiting and fundraising. Their goal is to unite Indian-administered Kashmir with Pakistan under a radical interpretation of Islam. Since 2015 the capacity of these groups has been degraded by the Pakistani military, but they remain a threat to regional stability. These groups include Jaish-e-Mohammad (JeM) and Lashkar-e-Taiba (LeT). The former claimed responsibility for an IED attack that killed 12 soldiers in Pulwama in 2019, while the latter was responsible for the 2008 Mumbai terrorist attacks that killed 164 people. According to Indian media, these groups continue to carry out targeted attacks against civilians and security forces in Indian-administered Kashmir, with ‘about 15’ such killings in October-November 2021. These groups do not generally carry out attacks within Pakistan but may seek to kill or intimidate rivals or ex-members or engage in other illegal activity.
[12] DFAT Country Information Report Pakistan January 2022 p 15
The Tribunal does not accept that the applicant was targeted by terrorists for his proselytising with the Tablighi Jamaat.
Country Information
There is no country information from DFAT about Tablighi Jamaat, and as an organisation they keep their structure secret however, the Tribunal was able to locate the following:
Tablighi Jamaat is a secretive group with mass appeal. A subset of Deobandi Islam (itself a subset of the Hanafi school), it was founded in India in 1927.[13] It focuses on the need for individual Muslims to become better Muslims (whereas other groups focus on the need for society or the leadership to become better).[14] It provides six principles only to guide Muslims, though these result in an austere lifestyle, respect for authority and absolute secrecy as to how the group operates. A focus of the group is missionary trips (either within one’s home country or abroad). The nature of almost all participatory activity is voluntary, although the group does have a central hierarchy.[15] The group is strictly apolitical. It will not criticise political leaders or the West’s military policies against jihadis, but nor will it criticise jihadi groups and tactics.[16]
Most sources agree that Tablighi Jamaat is a peaceful, non-violent group. However, a distinction forms between those sources that believe that the austere version of Islam that Tablighi Jamaat adherents apply to their lives make them susceptible to eventual recruitment by jihadi groups[17], and those that do not.[18]
A January 2008 Stratfor brief notes:
Because of the piety and strict belief system of the Tablighis and their focus on calling wayward Muslims back to an austere and orthodox Muslim faith, the movement has offered a place where jihadist spotters can look for potential recruits. These facilitators often offer enthusiastic new or rededicated Muslims a more active way to live and develop their faith. Although the TJ promotes a benign message, the same conservative Islamic values espoused by the Tablighis also are part of jihadist ideology, and so some Muslims attracted to the Tablighi movement are enticed into becoming involved with jihadists.
Additionally, because of its apolitical belief system, TJ seems to leave a gap in the ideological indoctrination of the individual Tablighi because it essentially asks the novice to shun politics and public affairs. The problem in taking this belief system from theory to practice, however, is that some people find they cannot ignore what is happening in the world around them, especially when that world includes wars. This is when some Tablighis become disillusioned with TJ and start turning to jihadist groups that offer religiously sanctioned prescriptions as to how "good Muslims" should deal with life's injustices.
Apolitical or Political?
In the first decade or so after the formation of Pakistan, what facilitated the growth of the Tablighi Jamaat in the country was its apolitical nature – completely unlike that of the Jamaat-e-Islami, which participated in elections and sought representation in various legislative bodies. The Jamaat wanted a political voice and to use the tools of the system to propagate its message. In contrast, the Tabligh contested no elections and made no overtures towards any political party, coming across as an organization not seeking the fruits of democracy in the emerging nation.
However, over the following decades, things changed. By the 1980s, the Tabligh’s influence was known to one and all. It developed close ties with a number of politicians in the 1990s, including the family of former Prime Minister Nawaz Sharif, whose father was known to be a generous donor to the organization, making it practically impossible for it to stay absolutely neutral. When Sharif was prime minister, a number of politicians who had links with the Tablighi Jamaat rose to prominence.
It is also alleged that when Benazir Bhutto succeeded Sharif, the Tabligh conspired to overthrow her government as she was not indulgent towards Islamist causes, and regarded the organization as a source of orthodoxy. The Tablighi Jamaat has rejected any allegation of its role in attempting to overthrow her government, but the allegation still sticks. [19]
[13] ‘Tablighi Jamaat - An Indirect Line to Terrorism’, Stratfor (United States), 23 January 2008, CXAB8B92D24282
[14] ‘What is the Tablighi Jamaat’, Guardian (United Kingdom), 9 September 2009, CX5E56FED19486
[15] ‘Islamist Networks - The Case of Tablighi Jamaat’, United States Institute of Peace, 12 October 2006, CXEDA282423013; ‘Tablighi Jamaat - An Indirect Line to Terrorism’, Stratfor (United States), 23 January 2008, CXAB8B92D24282; ‘Understanding and Engaging with the Tablighi Jamaat’, Lausanne Global Analysis (United States), 1 November 2015, CXBD6A0DE19245
[16] ‘Tablighi Jamaat - An Indirect Line to Terrorism’, Stratfor (United States), 23 January 2008, CXAB8B92D24282
[17] For instance, ‘Tablighi Jamaat - An Indirect Line to Terrorism’, Stratfor (United States), 23 January 2008, CXAB8B92D24282; ‘Are Conservative Muslim Tablighi Jamaat Pacifists or Extremists’, Voice of America, 15 January 2016, CX6A26A6E16342
[18] For instance, ‘Islamist Networks - The Case of Tablighi Jamaat’, United States Institute of Peace, 12 October 2006, CXEDA282423013; ‘What is the Tablighi Jamaat’, Guardian (United Kingdom), 9 September 2009, CX5E56FED19486; ‘Understanding and Engaging with the Tablighi Jamaat’, Lausanne Global Analysis (United States), 1 November 2015, CXBD6A0DE19245
[19] Ziya Us Salaam, Inside the Tablighi Jamaat How Made-in-India Tablighi Jamaat became the largest organisation in Pakistan (theprint.in)
Sunni vs Tablighi
The primary applicant claims he is a Sunni Muslim. However, there are differences between Sunni and Tablighi.
Islam has many branches and the major branches are Sunni, Tablighi and Shia. All these branches are different in their religious practice, belief in God and other things. Here let us discuss the major difference between Sunni and Tablighi.
Tablighi is the branch in Islam that considers that there is one God. It also considers that Prophet Mohammad was a Man who was doing God’s work as he was chosen for it.
The Tablighi also believes that they are in this world for not just spreading religion but also to remind all Muslims of his duties as a religious person. It also stresses that all Muslims live a life laid down by Prophet Mohammad. Tablighi wants all Muslims to follow the words of the great prophet and be an example for others. It stresses that all Muslims should live as was taught some 1400 years ago.
Tablighi was actually not a branch of Islam. Earlier Tablighi was known as ‘informing’. All Muslims, including the Shais and Sunnis had to follow Tablighi.
Sunni is a branch of Islam that has almost the same system as that of the Tablighi group. One of the major differences that can be seen is that the Sunnis believed that Prophet Mohammad was not a mere man. For the Sunnis, Prophet Mohammad was more than a man who had universal power. The Sunnis also accepted the first four caliphs as the rightful successors of Prophet Muhammad.
“Sunni” is a word that has been derived from Sunnah, an Arabic word that refers to the actions and words of Prophet Mohammad. However, there are many contradictions about the word Tablighi. Sunnis also form the largest group of Muslims in the world.
Summary
Tablighi is the branch in Islam that considers that there is one God. It also considers that Prophet Mohammad was a Man who was doing God’s work as he was chosen for it.
Sunnis believed that Prophet Mohammad was not a mere man. For the Sunnis, Prophet Mohammad was more than a man who had universal power.
Tablighi wants all Muslims to follow the words of the great prophet and be an example for others.
Earlier Tablighi was known as ‘informing’. All Muslims, including the Shais and Sunnis had to follow Tablighi. The Sunnis also accepted the first four caliphs as the rightful successors of Prophet Muhammad.[20]
[20]Difference Between Sunni and Tabligh | Difference Between
According to the Pew Research centre the goal of Tablighi Jamaat is to reform society by encouraging Muslims everywhere to be more religiously observant.
The Tablighi Jama’at (“Society for Spreading Faith”) is a global educational and missionary movement whose primary purpose is to encourage Muslims everywhere to be more religiously observant. It currently operates in roughly 150 countries around the world, including in Western Europe. Theologically, the Tablighi Jama’at movement is closely tied to the scriptural, conservative Deobandi school of Sunni Islam, which emphasizes strict adherence to religious orthodoxy. Most of the religious scholars and leaders associated with the Tablighi Jama’at are followers of Deobandism. Although Deobandism originated in South Asia (in the town of Deoband, near Delhi in northern India), it has much in common with the Wahhabi style of Islam that is associated with Saudi Arabia’s religious establishment. However, Deobandi doctrine tends to be more flexible than Wahhabism and is more accepting of other Islamic approaches, such as Sufism. [21]
[21] Tablighi Jama’at | Pew Research Center
Findings & Conclusion

The Tribunal accepts that all three applicants are Sunni Muslims from Punjab Pakistan. Further, the Tribunal accepts that the primary applicant is a member of the Tablighi Jamaat. As the applicant and his family are Sunni Muslims as written in their protection visa application, they form part of the majority religion in Pakistan. [22]
According to the 2017 national census, Muslims comprise 96.47 per cent of the population. Of this number, an estimated 80-90 per cent are Sunnis and 10-20 per cent are Shi’a. Hindus comprise 1.73 per cent of the population, Christians 1.27 per cent, Ahmadis 0.09 per cent (counted separately from Muslims in official figures), and others (including Sikhs, Parsis, Baha’i and Buddhists) 0.32 per cent. Minority groups dispute these figures, saying they undercount minorities.
[22] DFAT Country Information Report Pakistan January 2022 p. 22
There is no evidence or country information that Sunni Muslims in Pakistan are persecuted. Therefore, the Tribunal has turned its mind to the issue of whether or not the applicants will be harmed due to the primary applicant’s adherence to the Tablighi Jamaat.
The representative in their submission to the Tribunal states the applicant clearly has a well-founded fear of persecution on the basis of his religion and membership of a particular social groups including: [23]
·His profile as a preacher with views opposing those of extremist groups in Pakistan.
·A target as someone who has come to the adverse attention of extremist groups that has sought to harm him.
·As a Muslim man preaching non-violent tenets to children and the community domestically and internationally.
·As a preacher returning from the west.
[23] Further Submission in support of Application 1837204 AAT Folio 30 August 2023
The Tribunal has considered that the applicant belongs to Tablighi Jamaat which by all accounts is a non-political religious organisation with millions of members worldwide. One of the beliefs of the Tablighi Jamaat is that they do not involve themselves in politics. Further, they do not condone, nor do they endorse terrorist organisations. Terrorist organisations do try to infiltrate the Tablighi Jamaat, and some known terrorists have been former members of the Tablighi Jamaat. [24]
[24] Tablighi Jamaat: Discourse and Challenges Muhammad Amir Rana. PAK Institute for Peace Studies April 2009.
The Tribunal cannot point to one specific time that the applicant claims to have been preaching that upset the terrorists to the point that they tried to kill him. Of all the millions of members and presumably thousands of members in his own home area they have targeted him. Yet the evidence of any incidents was not forthcoming. The applicant spoke about being a man for peace and that the terrorists have subscribed the word jihad wrongly, yet there was not one piece of evidence provided that pointed to an incident that caused the terrorists to target him specifically.
Whilst claiming that the terrorist groups were after him the applicant went about his normal life it appears from all accounts, even taking a religious trip with his wife to [Country 1]. This does not appear to be the life of someone who is fearful and hiding. He left Pakistan and re-entered, then went back to his home area. The Tribunal considers that if the applicant was that fearful, he would have sought refuge outside of Pakistan earlier and/or he would have remained in hiding.
In a submission dated 17 August 2023, the Representative stated that the applicant and his family came to the attention of terrorist organisations and Islamic extremists for his religious work and preaching’s against radicalisation. [25] However, according to all the available country information the teachings of Tablighi Jamaat are non-political. According to the six principles of the Tablighi Jamaat preaching against radicalisation is not one of their principles. ‘Tablighi’s do not collaborate with other religious groups with whom they disagree; neither do they fight them. They do not support Islam’s jihad obligation neither do they oppose it. They do not support violent terrorism; neither do they criticize it when it occurs.[26]
[25] Submission in support of Application 1837204 AAT Folio 17 August 2023.
[26] Policy Brief 10 - Tablighi Jamaat and its role in the Global Jihad - SADF
If the applicant was preaching against radicalisation, then he was not adhering to the principle that they remain silent neither condoning or supporting radicals and radical organisations. The applicant is adamant that he is a member of the Tablighi Jamaat and that he cannot leave the organisation as he believes in it that strongly, yet he is claiming he is preaching against the terrorists which goes against their belief structures. The Tribunal considers this to be a contradiction.
As evidenced the Tablighi Jamaat attracts terrorists to its organisation and known terrorists have been involved in the movement. [27] They may use the organisation as a steppingstone but none the less they have been involved on occasion. The assertion by the applicant that terrorists are specifically targeting him is a contradiction of the available country information and also a contradiction of the tenets of Tablighi Jamaat. For these reasons the Tribunal does not accept that the applicant was targeted by terrorist groups for his outspoken preaching against radicals and terrorists, it does not accept that due to this targeting he was shot at, stabbed or in anyway harmed due to his membership in the Tablighi Jamaat.
[27] Tablighi Jamaat: Discourse and Challenges Muhammad Amir Rana. PAK Institute for Peace Studies April 2009.
The primary applicant’s evidence is contradictory in many instances. He is a member of the Tablighi Jamaat which is ultra conservative and preaches to people to be more religiously observant yet, his youngest son has become ‘western’ since being in Australia and his older son has married a ‘westerner’ and given his children western names. It does not appear from the evidence that the applicant is a strict adherent to what he preaches in his own family.
As above, the applicant stated on his application for protection that he is a Sunni Muslim and Sunni’s are a majority in Pakistan and do not face persecution for their religion. Further there is no evidence before the Tribunal that members of the Tablighi Jamaat are persecuted for their religious beliefs in Pakistan. The Tribunal finds that the applicants do not have a well-founded fear of persecution for the primary applicant’s religious beliefs or his membership of a particular social group or for any other reason as mentioned in s5J(1)(a).
Having considered the totality of the evidence before it, the Tribunal finds that none of the applicants have a well-founded fear of persecution for reasons of religion or membership of a particular social group, or any other reason mentioned in s5J(1)(a).
For the reasons given above, the Tribunal does not consider that the applicants are persons to whom Australia has a protection obligation because they are refugees as defined in s5H of the Migration Act. Therefore, the applicants do not satisfy the criterion set out in s36(2)(a) of the Migration Act 1958.
The Tribunal has also considered whether the applicants meet the complimentary protection criterion in s36(2)(aa). On the basis of the evidence before it, the Tribunal does not accept that there are substantial grounds for believing that as a necessary and foreseeable consequence of the applicants being removed from Australia to Pakistan, there is a real risk that the applicants will suffer significant harm from terrorists due to the primary applicant’s religious beliefs and membership of the Tablighi Jamaat. Therefore, the Tribunal is not satisfied that the applicants are persons to whom Australia has protection obligations under s36(2)(aa).
For the reasons given above the Tribunal is not satisfied that any of the applicants is a person in respect of whom Australia has protection obligations. Therefore, the applicants do not satisfy the criterion set out in s 36(2)(a) or (aa) for a protection visa. It follows that they are also unable to satisfy the criterion set out in s 36(2)(b) or (c) and cannot be granted the visa.
DECISION
The Tribunal affirms the decision not to grant the applicants protection visas.
Nora Lamont
Member

ATTACHMENT - Extract from Migration Act 1958
5 (1) Interpretation
…
cruel or inhuman treatment or punishment means an act or omission by which:
(a)     severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
(b)     pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
(c)     that is not inconsistent with Article 7 of the Covenant; or
(d)     arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:
(a)     that is not inconsistent with Article 7 of the Covenant; or
(b)     that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a)     for the purpose of obtaining from the person or from a third person information or a confession; or
(b)     for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
(c)     for the purpose of intimidating or coercing the person or a third person; or
(d)     for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e)     for any reason based on discrimination that is inconsistent with the Articles of the Covenant;
but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
receiving country, in relation to a non-citizen, means:
(a)     a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or
(b)     if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.
…
5H    Meaning of refugee
(1)For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person is:
(a)     in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b)     in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.
Note:     For the meaning of well-founded fear of persecution, see section 5J.
…
5J     Meaning of well-founded fear of persecution
(1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:
(a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
(b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and
(c)     the real chance of persecution relates to all areas of a receiving country.
Note:     For membership of a particular social group, see sections 5K and 5L.
(2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Note:     For effective protection measures, see section 5LA.
(3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:
(a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or
(b)     conceal an innate or immutable characteristic of the person; or
(c)     without limiting paragraph (a) or (b), require the person to do any of the following:
(i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;
(ii)conceal his or her true race, ethnicity, nationality or country of origin;
(iii)alter his or her political beliefs or conceal his or her true political beliefs;
(iv)conceal a physical, psychological or intellectual disability;
(v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;
(vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.
(4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):
(a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and
(b)     the persecution must involve serious harm to the person; and
(c)     the persecution must involve systematic and discriminatory conduct.
(5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
(a)     a threat to the person’s life or liberty;
(b)     significant physical harassment of the person;
(c)     significant physical ill‑treatment of the person;
(d)     significant economic hardship that threatens the person’s capacity to subsist;
(e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;
(f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.
(6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.
5K    Membership of a particular social group consisting of family
For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:
(a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and
(b)     disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;
where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note:     Section 5G may be relevant for determining family relationships for the purposes of this section.
5L    Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)     a characteristic is shared by each member of the group; and
(b)     the person shares, or is perceived as sharing, the characteristic; and
(c)     any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and
(d)     the characteristic is not a fear of persecution.
5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a)     protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and
(b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)     the person can access the protection; and
(b)     the protection is durable; and
(c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
…
36     Protection visas – criteria provided for by this Act
…
(2)A criterion for a protection visa is that the applicant for the visa is:
(a)     a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or
(c)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.
(2A)A non‑citizen will suffer significant harm if:
(a)     the non‑citizen will be arbitrarily deprived of his or her life; or
(b)     the death penalty will be carried out on the non‑citizen; or
(c)     the non‑citizen will be subjected to torture; or
(d)     the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)     the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)     it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)     the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
…

[2023] AATA 4539

26 October 2023

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