1906821 (Refugee)

This matter concerned an application for a protection visa by a Pakistani national. The applicant claimed he feared harm in Pakistan due to a land dispute with powerful individuals, which escalated to a rumour of blasphemy being spread about him. This rumour, he alleged, led to an imam announcing a death penalty against him, making him fear for his life and unable to find safety within Pakistan or even in other Islamic countries. The applicant sought review of a decision affirming the refusal of his protection visa.

The central legal issue before the Tribunal was whether the applicant qualified for Australia's protection as a refugee or, alternatively, on complementary protection grounds. This required determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Pakistan, he faced a real risk of suffering significant harm.

The Tribunal considered the applicant's claims in light of relevant policy guidelines and country information. It noted that the applicant's claims of a land dispute and subsequent rumour of blasphemy leading to a death penalty announcement were not corroborated by any independent evidence, such as a newspaper article or other supporting documentation. The Tribunal also considered the possibility of relocation within Pakistan, a factor that can negate a claim for significant harm under section 36(2B) of the Migration Act 1958. Given the lack of corroborating evidence for the alleged threats and the potential for relocation, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.