1913019 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of three applicants, with the first named applicant raising protection claims. The dispute centred on whether the applicants faced a real chance of serious harm or a real risk of significant harm if returned to Pakistan, specifically Karachi, due to their Shia Muslim faith and the first applicant's financial support for Shia welfare organisations. The second and third applicants did not raise independent protection claims.

The Tribunal was required to determine if the first applicant held a well-founded fear of persecution for reasons of religion, as defined by the Migration Act 1958, and whether Australia had protection obligations towards any of the applicants. This involved assessing the current safety situation for Shia Muslims in Karachi, considering the credibility of the first applicant's claims of past harm and threats, and evaluating the availability of effective protection measures in Pakistan. The Tribunal also considered whether the first applicant's financial support for Shia welfare organisations or the third applicant's medical condition presented a real risk of significant harm.

The Tribunal's reasoning focused on assessing the current country information regarding the safety of Shia Muslims in Karachi. It noted that while past incidents of sectarian violence were acknowledged, recent reports from reputable sources indicated a stable situation for Shias in Karachi, with a significant decline in targeted violence since 2014. The Tribunal found that the applicants' claims of being specifically targeted were not sufficiently substantiated, particularly in light of their families remaining in Karachi without apparent safety concerns. Furthermore, the Tribunal considered that the first applicant's past involvement and financial support did not impart a profile of interest that would place him at a heightened risk. The Tribunal concluded that the applicants did not face a real chance of serious harm or a real risk of significant harm were they to return to Pakistan.

The Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria for a protection visa under section 36(2)(a) or (aa) of the Migration Act 1958.