1905677 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse the applicant, a national of Afghanistan, a Protection visa. The applicant, who is of Hazara ethnicity and a Shi’a Muslim, claimed he faced persecution due to his religion, appearance, and perceived association with Western forces through his late brother's business. The case reached the Tribunal after a previous decision by the Federal Circuit Court was remitted back to the Tribunal by the Full Federal Court.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for a reason specified in subsection 36(2)(a) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the applicant's claims regarding the threats he faced from the Taliban and other insurgent groups in Afghanistan, particularly in light of his ethnicity, religious affiliation, and his brother's business dealings with Western forces. The Tribunal also needed to consider the general security situation in Afghanistan and the capacity of the authorities to offer protection.

The Tribunal found that the applicant had a well-founded fear of persecution. It reasoned that the applicant's Hazara ethnicity and Shi’a Muslim faith placed him at risk of harm from groups such as the Taliban and Sunni Pashtuns. Furthermore, the Tribunal accepted that the applicant's perceived association with Western forces, through his late brother's business, made him a specific target for the Taliban. Given these findings, the Tribunal concluded that the applicant satisfied the criteria under s 36(2)(a) of the *Migration Act*.

The Tribunal remitted the decision under review for reconsideration with a direction that the applicant satisfies s 36(2)(a) of the *Migration Act*.