1915034 (Refugee)

The applicant, a national of Pakistan, sought a protection visa in Australia. The dispute centred on whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Pakistan. The applicant's claims were based on his relationship with a woman from a third country, their child born out of wedlock, his non-religious stance in a religious family, and an ongoing land dispute involving his extended family. The decision under review affirmed the refusal of the protection visa.

The court was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he was a refugee with a well-founded fear of persecution due to his race, religion, nationality, or membership of a particular social group. Alternatively, the court had to consider if the applicant met the complementary protection criterion under section 36(2)(aa), meaning there was a real risk of significant harm as a necessary and foreseeable consequence of his removal from Australia.

The Tribunal affirmed the decision to refuse the visa, finding that the applicant did not face a real chance of serious harm or a real risk of significant harm. Regarding the claims of family harm, the Tribunal noted the threats were made in the past, no violence had occurred, and the maternal uncles' role was diminished in a patriarchal society. Concerning his non-religious stance, the Tribunal found that private conversations about his beliefs with friends and family did not present a remote pathway to being identified as an apostate or blasphemer, especially given he resided in a major city and was not an outspoken activist. The Tribunal also considered the limited efforts the applicant had made to join his wife and child in their country of residence, concluding that even without fear, his wife would not move to Pakistan. Ultimately, the Tribunal was not satisfied that the applicant met either the refugee criterion or the complementary protection criterion.