1929327 (Refugee)

This matter concerned an application for a Protection visa by a Pakistani national. The applicant claimed to be a Mohajir Muslim from Karachi, whose family had a history of supporting the Muttahida Qaumi Movement (MQM). The applicant alleged that due to his political affiliations and ethnicity, he faced a real risk of persecution in Pakistan, particularly given his active involvement with the MQM in Australia and his vocal opposition to the current Pakistani administration. The decision was made by Carolyn Wilson, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the applicant to be a refugee owing to a well-founded fear of persecution. This involved determining if the applicant had a genuine fear of persecution for reasons of political opinion or membership of a particular social group (his ethnicity as a Mohajir Muslim), and whether there was a real chance of such persecution across all areas of Pakistan, with no effective state protection available.

The Tribunal considered the applicant's detailed account of his involvement with the MQM, including his family's history with the party and the death of his brother during a past Pakistani military operation against the MQM. It also took into account the applicant's continued activism with the MQM in Australia and his vocal opposition to the Pakistani government. Applying the principles of section 5J of the *Migration Act*, the Tribunal found that the applicant had a well-founded fear of persecution for reasons of his political opinion. The Tribunal was satisfied that the real chance of persecution related to all areas of Pakistan and that state protection was not available to the applicant.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*.