1838190 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national of Shi’a Muslim faith and Pashtun ethnicity. The applicant claimed he faced a real chance of serious or significant harm in Pakistan due to his religious and ethnic background, his opposition to militant groups, his liberal views, and his status as a returnee from a Western country. He also argued that relocation within Pakistan would not be reasonable due to a lack of established connections outside his home region and the potential for separation from his family. The Federal Court considered the applicant's claims in light of country information and relevant guidelines.

The primary legal issue before the court was whether the applicant had established that he would suffer significant harm if returned to Pakistan, or whether it would be reasonable for him to relocate to another part of Pakistan to avoid such harm. This involved assessing the risk of harm based on his personal circumstances, including his ethnicity, religion, political opinions, and his past behaviour and beliefs, as well as the general country information regarding the safety and protection available within Pakistan.

The court applied the principles outlined in s 36(2B) of the Act, which provides that there is not taken to be a real risk of significant harm if it would be reasonable for the applicant to relocate to an area of the country where such a risk does not exist, or where protection can be obtained from the country's authorities. The court considered the applicant's claims of opposition to militant extremists, his agnostic and liberal opinions, and his refusal to be recruited by local militants. It also took into account the country information suggesting a moderate risk of violence and discrimination in Pakistan, and the reasonableness of relocation, considering the applicant's community and family ties, and his travel to visit family. The court ultimately affirmed the decision under review.