1934963 (Refugee)

The Administrative Appeals Tribunal considered the case of a male applicant from Pakistan seeking a protection visa. The applicant claimed to be a Shia Muslim who had worked for NGOs assisting Hazara people and had also associated with journalists and activists. He alleged he had been threatened, unlawfully detained, and that his family was forced to hide due to his activities. The applicant's claims were made after a working visa refusal, a brief return to Pakistan, and the withdrawal of a previous Federal Circuit Court application.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) or whether he faced a real risk of significant harm if returned to Pakistan, thereby qualifying for complementary protection. Key issues included the applicant's claimed ethnicity and religious affiliation, the credibility of his claims regarding threats and persecution, and the availability of effective protection in Pakistan.

The Tribunal found inconsistencies in the applicant's evidence regarding his ethnicity, noting that he initially stated his father was Hazara but later claimed his parents had instructed him not to disclose this, and that he spoke Hazaragi in his application but denied speaking it at the hearing. The Tribunal did not accept that the applicant was Hazara, nor did it find sufficient evidence of his work with specific NGOs or his association with journalists that would place him at risk. Furthermore, there was no evidence of a change in travel plans due to fear of harm, nor evidence that his family was in danger. The Tribunal considered relevant country information and guidelines, ultimately concluding that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth).