1838192 (Refugee)

The applicant, a Pakistani national claiming to be an ethnic Turi Pashtun and a Shia Muslim, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution for reasons of race and religion, and whether Australia owed him protection obligations under the *Refugee Convention*. The matter came before the Tribunal for reconsideration of a delegate's decision.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under s.36(2)(a) of the *Migration Act 1958* (Cth), specifically whether he was a refugee as defined by Article 1A(2) of the 1951 Convention relating to the Status of Refugees. This involved assessing whether the applicant had a well-founded fear of being persecuted for reasons of race or religion, and whether he was unable or unwilling to avail himself of the protection of Pakistan due to such fear. The Tribunal also considered whether it would be unreasonable for the applicant to relocate within Pakistan to avoid persecution.

The Tribunal found that the applicant's claims regarding his ethnicity as a Turi Pashtun and his religion as a Shia Muslim were accepted. It concluded that state protection in Pakistan was severely compromised due to factors including tribal justice systems, corruption, lack of resources, and the ongoing extremist threat. The Tribunal was satisfied that the applicant faced a real chance of serious harm based on this combination of ethnicity and religion if he returned to his home area in Kurram District. Furthermore, it determined that relocation to other parts of Pakistan would not be reasonable, as he would still face an appreciable risk of persecution. Consequently, the Tribunal found that the applicant satisfied the refugee criteria and was owed protection obligations under the Convention.