1908595 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant, a national of Afghanistan, a protection visa. The applicant, who is of Hazara ethnicity and a follower of Shi’a Islam, had previously held a Partner visa in Australia. Following the breakdown of his relationship with his Australian partner, he applied for a protection visa, claiming he feared persecution by the Taliban, ISIS, and other terrorist groups due to his ethnicity, religion, and his extended residence in Australia.

The primary legal issue before the court was whether the applicant had a well-founded fear of persecution for reasons of race, religion, or membership of a particular social group, as defined by the *Migration Act 1958* (Cth). This required the court to consider the prospective security situation in Afghanistan, particularly the potential impact of the withdrawal of US forces and the Taliban's increasing control, on individuals of Hazara ethnicity and Shi’a faith. The court also had to determine if effective protection measures were available to the applicant in Afghanistan.

The court found that the applicant had a well-founded fear of persecution. It reasoned that the applicant's ethnicity and religion placed him within a group targeted by terrorist organisations and the Taliban, and that the deteriorating security situation in Afghanistan meant that the risk of serious harm, including killing and kidnapping, was a real chance across all areas of the country. The court was not satisfied that effective protection measures were available to the applicant, noting the inability of the Afghan government to protect Hazaras and Shi’as and the lack of safe internal relocation options.

Consequently, the Tribunal remitted the decision under review for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth), meaning Australia has protection obligations towards him because he is a refugee.