1936108 (Refugee)

The applicant, a national of Pakistan, sought a Protection Visa after her application was refused by the Department. The delegate's decision was based on perceived inconsistencies in her account of threats received from members of Jamat-Ud-Dawa, her failure to demonstrate she was targeted, and a lack of credible information suggesting she was a human rights activist or NGO worker whose social work would attract militant attention upon return to Pakistan. The delegate concluded the applicant did not meet the definition of a refugee under s 36(2)(a) of the *Migration Act 1958* (Cth) and would not suffer serious harm under s 36(2)(aa).

The Tribunal was required to determine whether the applicant met the criteria for a Protection Visa, specifically whether she was a refugee within the meaning of s 36(2)(a) of the *Migration Act*, or alternatively, whether she faced a real risk of significant harm upon removal to Pakistan under s 36(2)(aa). This involved assessing the credibility of her claims, the nature of the threats she alleged, and whether her work or perceived identity would place her at risk of persecution or significant harm from militant groups in Pakistan.

The Tribunal found that the applicant did meet the refugee criterion under s 36(2)(a) of the *Migration Act*. While acknowledging the delegate's concerns about inconsistencies, the Tribunal ultimately accepted the applicant's claims. The Tribunal considered relevant guidelines and country information, and concluded that the applicant was a person in respect of whom Australia had protection obligations. As the applicant satisfied the criterion in s 36(2)(a), it was unnecessary to consider the alternative criterion under s 36(2)(aa).

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