1905193 (Refugee)

The matter concerned two female citizens of Pakistan, who identified as Ahmadiyya Muslims, and who had applied for Protection visas in Australia. The primary applicant claimed to have suffered persecution in Pakistan due to her religious faith, including witnessing her parents and other family members being persecuted, and experiencing persecution herself which impacted her educational pursuits. Her husband, also an Ahmadiyya Muslim, had also faced persecution, leading to the forced sale of his business. Following their arrival in Australia, the applicants lodged their protection visa applications.

The legal issues before the Tribunal were whether the primary applicant was owed protection obligations under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth), and whether the secondary applicant, as a member of the same family unit, was also owed protection under section 36(2)(b) or 36(2)(c). The Tribunal was required to consider the evidence presented, including country information regarding the treatment of Ahmadiyya Muslims in Pakistan, and to assess whether the applicants had a well-founded fear of persecution.

The Tribunal considered the country information, particularly the assessment by the Department of Foreign Affairs and Trade (DFAT) that Ahmadis in Pakistan face a "high risk" of official and societal discrimination and a "moderate" risk of violence. It accepted this assessment, noting the absence of contrary evidence. The Tribunal also reviewed the previous delegate's conclusions, which had found that the applicants were not owed protection based on the husband's ability to relocate and a son-in-law operating a business in Pakistan, and the primary applicant's past ability to conceal her faith. However, the Tribunal found that the security situation for Ahmadis had not significantly improved and that they remained at risk. The Tribunal was satisfied that the primary applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a), and consequently, the secondary applicant, as a member of the same family unit, satisfied the criteria under section 36(2)(b).

The Tribunal remitted the matter for reconsideration with the direction that the applicants satisfy section 36(2)(a) and section 36(2)(b) of the *Migration Act 1958* (Cth).