1900900 (Refugee)

The applicant, a Hazara Shi’a Muslim born in Pakistan to Afghani-born parents, sought review of a decision to refuse him a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), which requires a well-founded fear of persecution. The case was heard by Senior Member Kate Millar of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of his religion, specifically as a Hazara Shi’a Muslim, and if such persecution would involve serious harm. Further issues included whether effective protection measures were available to the applicant in Pakistan and whether it would be reasonable for him to relocate within Pakistan to avoid any real chance of harm. The Tribunal also considered the applicant's failure to declare his brother's presence in Australia and his previous deportation from a third country, and whether these omissions impacted his credibility or his claim.

The Tribunal found that the applicant had a well-founded fear of persecution due to his ethnicity and religion, citing his presence at a suicide bombing where a friend was killed and subsequent threats from a crowd. It was satisfied that there was a real chance of persecution in Pakistan, that this persecution would involve serious harm, and that relocation within Pakistan was not reasonable given the limited protection measures available and the widespread nature of anti-Shi’a sentiment. The Tribunal concluded that the applicant met the criteria for a protection visa under section 36(2)(a) of the Act.

The matter was remitted to the Minister for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.