1900850 (Refugee)

The applicant, a national of Pakistan, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there were substantial grounds for believing that his removal from Australia would result in significant harm. The matter was before the Administrative Appeals Tribunal (AAT).

The legal issues before the Tribunal were to determine if the applicant had a well-founded fear of being persecuted for one or more of the reasons set out in s.5J(1) of the Migration Act 1958 (Cth), and if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Pakistan, he would suffer significant harm, as per s.36(2)(aa) of the Act. The Tribunal was required to consider relevant policy guidelines and country information assessments.

The Tribunal affirmed the delegate's decision, concluding that the applicant did not meet the criteria for a protection visa. While the applicant claimed his father was violent and involved in fights, and that he himself had become involved in one such incident in 2009, the Tribunal found that the applicant did not experience harm in Pakistan. The Tribunal noted the applicant's long immigration history, including periods of unlawful status and detention, and his admission to drug use and criminal activity in Australia. The Tribunal also considered the applicant's claims about his father's declining circumstances and inability to protect him, but ultimately found these claims did not establish a well-founded fear of persecution or a real risk of significant harm upon return to Pakistan. The Tribunal's conclusion was that the decision under review should be affirmed.