2000934 (Refugee)

The applicant, a man from Quetta, Pakistan, sought a protection visa. The dispute concerned whether the applicant held a genuine fear of persecution, specifically an imputed political opinion due to his father's former high-ranking government positions, which had led to an armed assault on his father's home. The matter came before the Tribunal for review after a previous remittal from the Federal Circuit Court.

The Tribunal was required to determine whether the applicant faced a real risk of significant harm in Pakistan, considering the security situation and the general risk faced by the population. Specifically, the Tribunal had to assess if the applicant's fear was personal or a general risk, and whether internal relocation or protection from authorities would mitigate any such risk, in accordance with section 36(2B) of the Migration Act 1958 (Cth). The Tribunal also considered mandatory considerations under Ministerial Direction No. 84, including relevant guidelines and country information.

The Tribunal accepted the applicant's narrative regarding his background and his father's past positions, including an armed assault on his father's home. However, it found that the applicant's father and brother had not been threatened or harmed since the father's retirement in 2008. The Tribunal concluded that the risks faced by the applicant were not personal but rather a general risk faced by the population in Pakistan. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.