1907058 (Refugee)

The applicant sought a protection visa, claiming to be a person in respect of whom Australia has protection obligations under either the refugee criterion or the complementary protection criterion. The dispute concerned whether the applicant had established a well-founded fear of persecution based on his past involvement with a village defence committee in Pakistan and the risk of harm he would face upon removal to Pakistan.

The court was required to determine if the applicant met the definition of a refugee under section 36(2)(a) of the Migration Act 1958, specifically whether he had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group. Additionally, the court had to consider whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Pakistan, there is a real risk of significant harm.

The court found that the applicant did not meet the refugee criterion. However, after considering the evidence, including the applicant's past involvement with the village defence committee and the current country information regarding increased extremist activities in Pakistan, the court was satisfied that the applicant met the complementary protection criterion. The court noted that while relocation might be theoretically possible, it was not practicable in the applicant's circumstances.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa) of the Migration Act.