1837204 (Refugee)

This matter concerned an application for a protection visa by three applicants from Pakistan. The primary applicant, Mr A, claimed to be a Sunni Muslim and a member of the Tablighi Jamaat, who had become a target of extremist groups in Pakistan due to his preaching of peace and non-violent interpretations of Islam. He alleged he had received threats, been spat upon, robbed, and physically attacked, and that his family had also been harassed. The applicants sought review of a decision made by the Tribunal.

The court was required to determine whether the applicants met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically whether they had a well-founded fear of persecution based on their religion or membership of a particular social group, or alternatively, whether they would suffer significant harm as a necessary and foreseeable consequence of removal from Australia. The court also considered the relevance of country information regarding the general treatment of Sunni Muslims and members of the Tablighi Jamaat in Pakistan.

The Tribunal accepted that the applicants were Sunni Muslims from Pakistan and that the primary applicant was a member of the Tablighi Jamaat. However, it found no evidence that Sunni Muslims in Pakistan were generally persecuted. The Tribunal then considered whether the primary applicant's specific profile as a preacher with views opposing extremist groups, his adverse attention from such groups, his preaching of non-violent tenets, and his status as a preacher returning from the West constituted membership of a particular social group that would place him at risk. The Tribunal noted that the Tablighi Jamaat is a non-political organisation that does not condone terrorist organisations, although some individuals with terrorist links may have been former members.

The Tribunal affirmed its previous decision, finding that the applicants did not meet the criteria for a protection visa.