1917429 (Refugee)

The applicant, who arrived in Australia in July 2017 on a medical treatment visa, sought a protection visa based on claims of persecution in Pakistan. He alleged that his girlfriend was killed by her family in an honour killing, and he subsequently received threats from her family, including his life being endangered. The applicant stated that he feared returning to Pakistan due to these threats and the alleged involvement of his girlfriend's family in a powerful terrorist group.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia had protection obligations. This required determining if the applicant met the refugee criterion under section 36(2)(a) of the Migration Act 1958 (Cth) or the complementary protection criterion under section 36(2)(aa), which concerns the real risk of significant harm upon removal from Australia.

The Tribunal acknowledged that while some aspects of the applicant's claims were credible, significant inconsistencies emerged in his evidence regarding key events in Pakistan over time. Despite considering the applicant's young age at the time of the alleged events, potential trauma, and the passage of time, the Tribunal found these factors did not fully explain the discrepancies. The Tribunal concluded that some inconsistencies related to matters of such significance that a genuine witness would not be mistaken or have difficulty recalling the details. Consequently, the Tribunal found the applicant's claims about the threats faced and the harm feared upon return were not credible.

The Tribunal affirmed the decision under review, finding that the applicant did not satisfy the criterion in section 36(2) of the Migration Act 1958 (Cth).