2012700 (Refugee) - [2023] AATA 4654

2012700 (Refugee) [2023] AATA 4654 (30 November 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
REPRESENTATIVE:  Ms Carina Ford
CASE NUMBER:  2012700
COUNTRY OF REFERENCE:                   Pakistan
MEMBER:Mark Bishop
DATE:30 November 2023
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal affirms the decision not to grant the applicants protection visas.

Statement made on 30 November 2023 at 9:01am
CATCHWORDS
REFUGEE – protection visa – Pakistan – ethnicity, membership of particular social group and political opinion – Pashtun, educated, employed woman and low-level member of secular nationalist party – threats and attacks by extremist groups – mental health and psychological consultations – returned failed asylum seeker – applicant’s responsibility to specify particulars of claim and provide sufficient evidence – insufficient detail and inconsistencies, and little corroborating evidence – authenticity of first information report and adequacy of translation – delay in applying for protection – applied after additional threats to parents and birth of first child, and shortly before previous visa due to cease – no religious or political activity in Australia – husband’s previous returns – increased state security and groups’ moves away from attacking civilians – no recent activity in local area – growth in provision of mental health services – women’s employment and gender-based violence – Pashtuns the majority in province – members of family unit – Australian-born children’s language and education – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 5AAA, 5H(1)(a), 5J(1), 36(2)(a), (aa), (2A), 65
Migration Regulations 1994 (Cth), Schedule 2
CASES
Abebe v Commonwealth (1999) 197 CLR 510
BIM16 v MICMSMA [2022] FCA 453
EIG17 v MICMA [2023] FedCFamC2G 804
MIMA v Rajalingam (1999) 93 FCR 220
Prasad v MIEA (1985) 6 FCR 155
Re Ruddock; Ex parte Applicant S154/2002 [2003] HCA 60
SZBEL v MIMIA (2006) 228 CLR 152
SZCDD v MIBP [2019] FCA 326
SZTAL v MIBP (2017) 262 CLR 362
WAKK v MIMIA [2005] FCAFC 225
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 30 July 2020 to refuse to grant the applicants protection visas under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicants who are citizens of Pakistan applied for the visas on4 November 2016. The delegate refused to grant the visas.
The applicants appeared before the Tribunal on 12 October 2023 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Pashto/Pushtu and English languages. The applicants were represented by Ms Carina Ford of Carina Ford Immigration Lawyers[1] in relation to the review.
[1] See paragraph 1 of Doc ID number 11607558
Section 5AAA of the Act
Section 5AAA of the Migration Act is expressed in the following terms:
Non-citizen's responsibility in relation to protection claims
(1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising).
(2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim.
(3) The purposes of this Act include:
(a) the purposes of a regulation or other instrument under this Act; and
(b) the purposes of any administrative process that occurs in relation to:
(i) this Act; or
(ii) a regulation or instrument under this Act.
(4) To remove doubt, the Minister does not have any responsibility or obligation to:
(a) specify, or assist in specifying, any particulars of the non-citizen's claim; or
(b) establish, or assist in establishing, the claim.
·Legal commentary in the Guide to Refugee Law Guide chapter 12 sets out the following:
oThe Migration Act places certain obligations on protection visa applicants in presenting their case. Section 5AAA clarifies that it is the responsibility of an applicant to specify all particulars of his or her claim to be a person in respect of whom Australia has protection obligations and to provide sufficient evidence to establish the claim. The Minister (or the Tribunal on review) does not have any responsibility or obligation to specify or assist in specifying any particulars of the claim, or to establish or assist in establishing the claim[2]. This is consistent with the well-settled proposition that it is for the applicant to make his or her own case.
[2] Prasad v MIEA (1985) 6 FCR 155 at 169–70; SZBEL v MIMIA (2006) 228 CLR 152; at [40]; Re Ruddock; Ex parte Applicant S154/2002 [2003] HCA 60 at [57] and [1]; WAKK v MIMIA [2005] FCAFC 225 at [73]; MIMA v Lay Lat (2006) 151 FCR 214 at [76]; and Abebe v Commonwealth (1999) 197 CLR 510 at [187].
Case Law re Section 5AAA of the Act
In BIM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs[3]there is consideration of s5AAA at [36] – [40], including a reference to several authorities where s5AAA has been applied. The following dot points may be found at [39].
·The Minister then, at [5.1]–[5.2] of his submissions, identified a number of authorities where s 5AAA has been applied:
·[5.1] In DVO16 (2019) 271 FCR 342, the Full Court held that a transcript of the interview with the delegate revealed that the applicant had been given opportunities to state “whatever he wished with regard to persecution on the grounds of ethnicity” ([63]). Although the applicant did not understand that he was being specifically asked about persecution on grounds of ethnicity, the Full Court applied section 5AAA in holding that the Authority was not required to do more[4]: ([65]).
·[5.2] In APX19 [2020] FCA 683 at [60], Collier J cited section 5AAA in connection with the NABE principles, thereby indicating a statutory confirmation or reinforcement of the stringency of those principles. Similarly, in ABT16 [2020] FCA 836 at [26], Perry J held that the observations in NABE about the Tribunal not being required to engage in “constructive or creative activity” in order to identify an applicant’s claims were “given added weight” by section 5AAA .
·Also in the recent case of EIG17 v Minister for Immigration, Citizenship and Multicultural Affairs[5]it is once again confirmed that the onus remains on the applicant to advance all claims and provide evidence to substantiate them [at paragraph 148]:
·Put simply, in the present case, the applicant advanced a claim and in so doing, he did not provide sufficient detail to satisfy the Authority that his claim was established and there were inconsistencies in his claim which cast doubt on his claim. The Authority does not have any obligation to assist the applicant to advance his best possible case or to establish the applicant’s case for him. Indeed, s 5AAA of the Migration Act makes clear that it is the responsibility of the applicant to specify all particulars of his claims for protection and to provide such evidence to establish the claims. It was open to the Authority to find that the applicant had not established his claims, without needing to put to the applicant its concerns about the lack of detail or inconsistencies in his evidence, at least in the circumstances of this case.
Pursuant to s 5AAA of the Act, it is for the applicants to specify all particulars of their claim to be a person in respect of whom Australia has protection obligations, and to provide sufficient evidence to establish the claim. The Tribunal does not have any responsibility or obligation to specify, or assist the applicants in specifying, any particulars of their claim, nor does the Tribunal have any responsibility or obligation to establish or assist in establishing the claim.
The Tribunal applied s 5AAA when considering the applicants’ claims and evidence.
[3] [2022] FCA 453,
[4] Emphasis added in original
[5] [2023] FedCFamC2G 804,
CRITERIA FOR A PROTECTION VISA
The criteria for a protection visa are set out in s 36 of the Act and Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). An applicant for the visa must meet one of the alternative criteria in s 36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.
A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country: s 5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s 5H(1)(b).
Under s 5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a person will be taken not to have such a fear are set out in ss 5J(2)-(6) and ss 5K-LA, which are extracted in the attachment to this decision.
If a person is found not to meet the refugee criterion in s 36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s 36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss 36(2A) and (2B), which are extracted in the attachment to this decision.
Mandatory considerations
In accordance with Ministerial Direction No.84, made under s 499 of the Act, the Tribunal has taken account of the ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’ prepared by the Department of Home Affairs, and country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.
CONSIDERATION OF CLAIMS AND EVIDENCE
Applicants Visa History
[Applicant 1]
Available records indicate the following:
·Lodged an application for a Student (Subsequent Entrant) Subclass 500 visa to join her husband in Australia on 20 May 2014. This application was refused on 14 August 2014.
·Lodged an application for a Skilled Graduate Visa (Subsequent Entrant) Subclass 485 visa on 31 July 2015. Granted on 15 September 2015 and valid until 29 November 2016.
·Arrived in Australia [in] December 2015 as the holder of the Subclass 485 visa. Subject to mandatory condition 8501[6]
·Lodged Protection Visa application on 14 November 2016 and granted associated Bridging Visa A Subclass 010 visa[7]
·Currently holds Bridging Visa A, no conditions attached
[6] 8501 – Maintain adequate health insurance
[7] Decision Record page 1
[Applicant 2]
Available records indicate the following:
·Granted a Student Visa, Subclass 572 visa on 13 September 2007
·Arrived in Australia [in] October 2007 as the holder of the Subclass 572 visa. Valid until 22 November 2007.
·Granted Student Visa Subclass 572 visa on 12 November 2009. Valid until 11 November 2011.
·Departed Australia [in] April 2011
·Returned [in] May 2011
·Granted Student Visa Subclass 572 on 29 November 2011. Valid until 3 May 2013.
·Departed Australia [in] June 2012
·Returned [in] September 2012.
·Granted Student Visa Subclass 572 on 6 June 2013. Valid until 15 March 2015.
·Departed Australia [in] December 2013
·Returned [in] March 2014.
·Departed Australia [in] April 2015
·Returned [in] May 2015
·Granted a Skilled Temporary Graduate Visa, Subclass 485. Valid until 29 November 2016. Subject to mandatory condition 8501[8]
·Lodged Protection Visa application on 14 November 2016 and granted associated Bridging Visa A Subclass 010 visa[9]
·Currently holds Bridging Visa A, no conditions attached
[8] 8501 – Maintain adequate health insurance
[9] Decision Record page 1
Timeline of events
As relevant matters were contained in multiple sources submitted over time the Tribunal provides the following summary and sources of relevant matters.
[Applicant 1]
Education History[10]
[10] Form 80, Part G Education, Department File [Reference], TRIM [Reference 1]
·Primary School – details not provided
·[Years] – completed Secondary School Certificate at [High School 1], [Town 1], Ghazi, Haripur, Pakistan
·[Years] – completed Higher Secondary School Certificate at [College], Haripur, Pakistan
·[Years] – completed Bachelor of [Subject 1] at [College], Haripur, Pakistan
·[Years] – completed (distance education) Bachelor of [Subject 2] at [University], Islamabad, Pakistan
·[Years] – completed (distance education) Master of [Subject 2] at [University], Islamabad, Pakistan
·February 2016 – September 2016 – completed Certificate III in [Subject 3] at [Provider], [Suburb 1], Victoria, Australia
Work History
·[Years] – employed as a [Teacher] School students at [School 2] in [Haripur], KPK, Pakistan[11]
[11] Form 80, Part F Employment, Department File [Reference], TRIM [Reference 1]
·April 2016 to [end date not known] – employed as [an Occupation 1] at [Employer 1], [Suburb 2], Australia[12]
[12] Form 80, Part F Employment, Department File [Reference], TRIM [Reference 1]
·[April] 2023 to date – employed as [an Occupation 2] at [Employer 2][13]
[13] AAT Case 2012700, Document ID 11607471, Annexure 10
General
·[Date] – applicant born in [Location 1], Haripur, Khyber Pakhtunkhwa, Pakistan
·5 July 2012 – married [Applicant 2] in Khyber Pakhtunkhwa, Pakistan and moved to [Village 1], Ghazi, Haripur[14]
[14] Form 80 Address History at Q17, Department File [Reference], TRIM [Reference 1]
·3 November 2013 – became a permanent member of the ANP[15]
[15] ANP Membership Letter dated 2 March 2020, Department File [Reference], TRIM [Reference 2]
·January 2014 (first week) – telephone threat[16]
[16] [Applicant 1] Statement, Department File [Reference], TRIM [Reference 2]
·January 2014 (second week) – firing outside house[17]
[17] [Applicant 1] Statement, Department File [Reference], TRIM [Reference 2]
·February and March 2014 – further telephone threats[18]
[18] Protection Visa Decision Record, Department File [Reference] TRIM [Reference 3] at p7
·15 April 2014 – attack at the bus stop in [Village][19]. FIR report provided[20].
[19] [Applicant 1] Statement, Department File [Reference], TRIM [Reference 2]
[20] FIR, Department File [Reference] TRIM [Reference 4]
·Attended psychologist in Pakistan after this attack – no evidence provided. Applicant 2 evidence to PV Interview that applicant 1 attended a psychologist in Pakistan for 10 sessions[21]
[21] See applicant 2 statement to Department paragraph 17 below.
·20 May 2014 – lodged app for Student Subsequent Entrant Visa Subclass 500. Refused 14 August 2014[22]
[22] See Departmental file [Reference] [TRIM Reference 5] Doc [ID Number 1] Application for a Protection Visa page 32
·19 May 2015 – suffered first miscarriage[23]
[23] [Maternity Home] letter dated 19 May 2015, Department File [Reference], TRIM [Reference 2]
·June-July 2015 School holidays – last time she participated in ANP activities[24]
[24] Protection Visa Decision Record, Department File [Reference] TRIM [Reference 3] at p6
·31 July 2015 - lodged application for a Skilled Graduate Visa (Subsequent Entrant) Subclass 485. Granted 15 September 2015[25]
[25] See Departmental file [Reference] [TRIM Reference 5] Doc ID [Number 2] Application for a Protection Visa page 32
·[December] 2015 – arrived in Australia
·14 November 2016 – Protection Visa application lodged
·[Date] – first child [Applicant 3] born in Victoria, Australia[26]
[26] Birth Certificate, Department File [Reference], TRIM [Reference 2]
·2 February 2017 – commenced psychologist sessions in Australia[27]
[27] [Psychology] Report dated 13 February 2020, Department File [Reference] TRIM [Reference 4]
·[Date] – second child [Applicant 4] born in Victoria, Australia[28]
[28] Birth Certificate, Department File [Reference], TRIM [Reference 2]
·20 July 2020 – Protection Visa application refused
·18 August 2020 – Lodged application with AAT
·6 January 2023 – suffered second miscarriage[29]
[29] AAT Case 2012700, Document ID 11607471, Annexure 11
·2 October 2023 – updated [Psychology clinic] report[30]
[30] AAT Case 2012700, Document ID 11607471, Annexure 9
[Applicant 2]
Overview
·[Date] – born in [Village 1], [Town 1], Khyber Pakhtunkhwa, Pakistan
·[October] 2007 - first arrived in Australia
·[June] 2012 – departed Australia
·[September] 2012 – returned to Australia (married in Pakistan [July] 2012)
·[December] Dec 2013 – visit to Pakistan
·December 2013 – during a visit back to his village, he was approached by members of the Tablighi Jammat who told him to restrict his wife at home (no physical threats, but comments conveyed in a threatening manner)[31]
·[March] 2014 - came back to Australia
·[April] 2015 – visit to Pakistan
·[May] 2015 – came back to Australia (not departed since this date)
·14 November 2016 – Protection Visa application lodged[32]
[31] Protection Visa Decision Record, Department File [Reference] TRIM [Reference 3] at p11
[32] Decision Record page 1
Geographic and Demographic Matters
Tribunal researches disclose the following:
·Pakistan includes four provinces – Sindh (capital: Karachi), Punjab (capital: Lahore), Khyber Pakhtunkhwa (formerly the North-West Frontier Province and now including the former Federally Administered Tribal Areas; capital: Peshawar) and Balochistan (capital: Quetta). Islamabad has its own status as a 'Federal Capital Territory'.
·All four provinces have their own elected provincial assemblies and governments. There are 170 districts in Pakistan[33].
[33] "Dividing governance: Three new districts notified in G-B – The Express Tribune". The Express Tribune. Administrative Setup". ajk.gov.pk26 July 2015. Retrieved 5 April 2019
·Khyber Pakhtunkhwa (KP) is situated in the north of Pakistan and borders Afghanistan in the west, Azad Kashmir and Gilgit-Baltistan in the east and north-east and Punjab province in the south-east, and Balochistan to the south. The provincial capital is Peshawar[34].
[34] EASO, "Pakistan Security Situation", October 2020, , pp.74-75.
·Khyber Pakhtunkhwa is divided into 7 Divisions and 39 districts inclusive of the applicant’s District of Haripur which is located in the Hazara Division[35].
[35] population of Pakistan is 249.566 million as at May 2023. The population of Khyber-Pakhtunkhwa population reached 39,823,138 (39.823 million) at the same date[36].
[36]
Haripur District - Geographic Information[37]
[37] Khyber Pakhtunkhwa-Haripur - (pakistanalmanac.com)
·The district is surrounded by the Mardan district on the northwest, Abbottabad district on the northeast, Margalla Hills Range on the southeast, Swat Valley in the northwest, and Buner and Swabi districts on the west of Haripur.
·Main towns are Haripur, Ghazi, Rehana Village, Khanpur, Tarbela, Tofkian, Qazipur, Sirikot, and Sarai Saleh
·Distances
o[Town 1] (Ghazi) to Haripur city: [Distance 1]km[38]
[38] [Reference]
o[Town 1] to [School 2] [Haripur]: [Distance 2]km[39]
[39] [Reference]
o[Town 1] to Islamabad: [Distance 3]km[40]
[40] [Reference]
Haripur District, Khyber Pakhtunkhwa
·At the time of the 2017 census, the Haripur District had 161,839 households and a population of 1,001,515. Haripur had a sex ratio of 1010 females per 1000 males. 133,100 (13.29%) lived in urban areas. 24.91% of the population were under 10 years of age. 1,193 (0.12%) people in the district were from religious minorities, mainly Christians[41].
[41] Haripur District - Wikipedia
·Haripur District has two government funded postgraduate colleges which provide higher-level education, as well as four degree colleges for women[42].
[42] Haripur District - Wikipedia
Ghazi Tehsil – Local Region where applicant’s village is located
·The applicant comes from [Village 1], [Town 1][43] (also noted as [Village 1], Tehsil Ghazi) in the Haripur district which is located in the Hazara Division of the Khyber Pakhtunkhwa Province in Pakistan.
[43] As referenced by the delegate in the Decision Record on Department File [Reference] TRIM [Reference 3]. In the applicant’s Form 866C on Department File [Reference] TRIM [Reference 5], it is noted as “[Village 1], P.O. [Town 1], Tehsil Ghazi, Haripur”
·Haripur District is divided into three Tehsils[44]: Haripur Tehsil, Khanpur Tehsil, and Ghazi Tehsil[45]
[44] A tehsil (Hindustani pronunciation: [tɛɦsiːl], also known as tahsil, taluka, or taluk) is a local unit of administrative division in India and Pakistan. It is a subdistrict of the area within a district including the designated populated place that serves as its administrative centre, with possible additional towns, and usually a number of villages. Tehsil - Wikipedia
[45] District Haripur | Local Government, Elections and Rural Development Department (lgkp.gov.pk)
·Ghazi, which is an administrative subdivision of the Haripur District, is noted as having a population of 145,367 according to the 2017 census[46].
[46] Haripur District – Population of Cities, Towns and Villages 2017-2018 (politicpk.com)
·[Town 1] is a village in Haripur District and Ghazi Tehsil, with population of [Population][47]
[47] [Reference]
·[Town 1] is approximately [Distance] km from the Pakistani capital of Islamabad[48], and approximately [Distance] km from the KPK capital of Peshawar[49].
[48] [Reference]
[49] [Reference]
[School 2] [Haripur] and Khyber Pakhtunkhwa Workers Welfare Board
·The applicant was employed at “[School 2] [Haripur]” between [Years][50].
[50] Department File [Reference], TRIM [Reference 5] at p17
·According to the letter issued by the Khyber Pakhtunkhwa Workers Welfare Board dated 29 December 2015, the applicant was a Teacher at “[School 2], [Haripur] (Female)[51].
[51] Department File [Reference], TRIM [Reference 5] at p17
·[School 2], [Haripur] functions under the Directorate of Education, Khyber Pakhtunkhwa Workers Welfare Board[52].
[52] Directorate Of Education (kp.gov.pk)
·According to [a] blog, [School 2] [Haripur] appears on the list of the [Best Schools] in Haripur at [Number][53].
[53] [Reference], accessed 5 October 2023
·The proximate distance from the Ghazi police station to [School 2] [Haripur] is [Distance]km[54].[55] Proximate distance from [Town 1] to [School 2] [Haripur] is [Distance] km[56].
·[School 2] fall under the administration of the Khyber Pakhtunkhwa Worker Welfare Board[57]. The Khyber Pakhtunkhwa, Workers Welfare Board is mainly responsible for provision of housing, education, health and other welfare facilities to the workers and their families.
·The Khyber Pakhtunkhwa, Workers Welfare Board was established is a long-established statutory body to provide “…residential and educational facilities as well as other welfare measures including Jahez Fund for the marriage of the daughters of workers, merit scholarships to deserving children of industrial labor, distribution of sewing machines and bicycles…[58]”
·The Khyber Pakhtunkhwa, Workers Welfare Board “…is managed by nine members comprises of official member, employers and employees/workers representatives headed by Secretary Labor, Government of Khyber Pakhtunkhwa as Chairman of the Board…[59]”
General Information about education in Khyber Pakhtunkhwa
·This Department is the biggest of all departments in KP. It has more than 187,733 employees. About 4.381 million students are learning in more than 27,514 Government institutions having more than 142,623 teachers.
·There are 27,811 Government schools in Settled Districts of Khyber Pakhtunkhwa of which 27,617 are functional[60].
·The total number of sanctioned posts of teachers in Government Schools are 177,018 (110,378 in Boys’ Schools + 66,640 in Girls’ Schools)[61].
·The total number of working teachers in Government Schools are 155,881 (98,655 male teachers + 57,226 female teachers) and out of these 98,669 teachers are in boys' schools and 57,212 Teachers are in girls' schools[62].
[54] Google Maps
[55] The FIR states that the incident took place 12.5 km north of the police station
[56] Google Maps
[57] Introduction Introduction Introduction Annual Statistical Report of Government Schools 2021-2022, Khyper Pakhtunkhwa Education Monitoring Authority (KPEMA), at p13
[61] Annual Statistical Report of Government Schools 2021-2022, Khyper Pakhtunkhwa Education Monitoring Authority (KPEMA), at p13
[62] Annual Statistical Report of Government Schools 2021-2022, Khyper Pakhtunkhwa Education Monitoring Authority (KPEMA), at p13
Applicant’s Claims for Protection

The delegate’s decision included a summary of claims from the applicant’s PV[63] application and statement of claim[64] as follows[65]:
[63] Department File [Reference], TRIM [Reference 5]
[64] Department File [Reference], TRIM [Reference 2]
[65] Department File [Reference], TRIM [Reference 3] at pp.4-12
[Applicant 1]
·The applicant is a [Age] year old Sunni Pashtun, born and raised in the village of [Location 1], Tehsil Ghazi, Haripur District, Khyber Pakhtunkhwa (KBK) Province, Pakistan.
·The applicant married [Applicant 2] on [Date] and they have two children from their relationship. After the marriage, the applicant moved to applicant 2’s family property located in [Village], Tehsil Ghazi, Haripur District, Khyber Pakhtunkhwa (KBK) Province, Pakistan.
·The applicant is well educated and quickly following the completion of her education, she secured employment in [Year] as a teacher at a government school in Haripur.
·The applicant claims she supported the Awami National Party (ANP) as a volunteer before becoming a member in November 2013[66].
·Due to her employment as a schoolteacher and membership of the ANP, the applicant stated that extremist religious groups often targeted her because they believe she is supporting modern education, and is a threat to her village society and religious norms.
·In the first week of January 2014, she received two telephone calls from Jamaat-ul-Ahrar (JuA) threatening to cause her serious harm if she did not stop teaching and that if she continued to teach, she would be harmed.
·In the second week of January 2014, while at home with her mother in law, the applicant heard gunfire shot outside their house. Her husband was not home at the time but the next day, he accompanied her to the nearest police station at Tehsil Ghazi where she provided a written statement regarding the incident. The police were not interested in providing assistance and no First Incident Report (FIR) was registered.
·In February and March 2014, she received a further call from JuA with additional threats. This claim was raised during the Protection Visa interview[67] which was conducted via telephone on 14 February 2022 but it was not raised in her written statement of claims.
·On 15 April 2014[68], she was attacked by four people who approached her in a black car when she was waiting for the school van to pick her up to take her to work. During this attack, she was beaten and punched and threatened ‘not to perform the duty as a teacher and … not go to school’ or that she will be killed if she continued in that profession. The four attackers attempted to kidnap her. She lost consciousness due to the beating and when she regained consciousness, the police had arrived and took her to the Ghazi police station where a FIR[69] was registered.
·She believes that extremist religious groups will harm and mistreat her, her children and her husband because they view female schoolteachers as liberal women working for the betterment of women in Pakistan.
·She believes that law enforcement agencies in Pakistan are unable to stop these extremists and that it is not safe for her to relocate anywhere else in Pakistan.
·She has heard from her father than the extremists religious groups are threatening her family that if she returns, they will kill her and harm her husband and children.
·As a result of these attacks, she has sought psychological assistance both in Pakistan and in Australia after her arrival.
[66] For confirmation of ANP membership see Department File [Reference], TRIM [Reference 2]
[67] Department File [Reference], TRIM [Reference 6]
[68] The delegate’s decision refers to 14 April 2014 and may be a typo. The applicant’s statement of claim states the incident took place on 15 April 2014. The FIR also refers to 15 April 2014.
[69] Department File [Reference], TRIM [Reference 3]
The delegate’s decision, the delegate included a summary of claims from the applicant’s protection visa application[70] and statement of claims[71] as follows[72]:
[70] Department File [Reference], TRIM [Reference 4]
[71] Department File [Reference], TRIM [Reference 6]
[72] Department File [Reference], TRIM [Reference 7] at pp.4-12
[Applicant 2]
·The applicant is a [Age] year old Sunni Pashtun male from [Village], Tehsil Ghazi, Haripur District, Khyber Pakhtunkhwa (KBK) Province, Pakistan.
·He married [Applicant 1] on [Date] and they have two children from their relationship.
·He first arrived in Australia in October 2007 and has spent a substantial period of time residing in Australia since that date, returning to Pakistan on a number of occasions for visits up to 3 months.
·He fears for his wife’s safety in Pakistan due to her profession as a school teacher and her membership of the ANP.
·He was subjected to pressure from his village to forbid his wife to be a teacher and member of the ANP and due to not complying with these requests, he is putting his life and those of his children at risk.
·In December 2013 when he returned to Pakistan for a visit, he was approached by Tablighi Jammat who told him to restrict his wife to remain home as her actions were having a negative impact on other women in the village to behave in a manner which is not acceptable in an Islamic society. No direct threats were made but the comments were conveyed in a threatening manner.
·He fears that he will be targeted because he allows his wife to teach and he is a bad example to other men by allowing his wife to be independent and be active in work in politics.
·He further fears that as a Pashtun, neither he nor his children, will be safe anywhere in Pakistan.
Departmental PV Interview
The Departmental file shows the 2 applicants were interviewed separately on 14 February 2020. A Pashto speaking interpreter was used during the interview[73]. The Tribunal provides this summary of the transcript of the interview.
[73] The Tribunal notes the audio is not the best quality when the interpreter is speaking.
[Applicant 1]
Reasons for seeking a PV 28:25
D: [Applicant 1], maybe we could start with you telling me about why you are lodging protection in Australia
A1: Because I fear for my life over there and because of the threats I continue to face and the dangers I continue to face.
D: Tell me about the dangers and the threats that you face?
A1: I was working as a teacher there and where I was working as a teacher in my area, it was very dangerous for females to get out and get an education and then work as a teacher. Because of my work as a teacher I was told I would be seriously harmed.
Threats 30.55
D: So tell me about that, about the threats of harm.
A1: I received a threat in a form of a phone call and within the same month, they firing around my house and all because of my work as a teacher.
D: Tell me about the phone call threat
A1: In the first week of January, when I received that phone call, telling me to quit teaching because it was against the norms of society to teach females, because by working as a teacher, you are going against religion…within the second week of the same month, the firing took place at my house. I continue to receive the phone call threats and they said they belong to JuA and if I did not … quitting my work as a teacher, they would harm me.
D: So, January 2014 was the first threatening phone call, is that correct?
A1: Yes
D: and how many phone calls would you have received?
A1: In January 2014, first phone call threat in the first week and then in the second week, there was another phone call. Two phones calls. Then after that there was the firing, the shooting at my house.
D: Where were you at the time of the phone call?
A1: I was on my way to school, early morning
D: For both calls, or just 1 call?
A1: Yes.
D: Have you received any other phone calls, other than those two phone calls?
A1: So before the shooting, those were the 2 phone calls that I received.
D: Any phone calls after the shooting?
A1: Not in that month, but later.
D: How many?
A1: Once in February, then one in March.
D: Was the content of the calls the same? Were they threatening you to stop teaching?
A1: Yes, same.
D: How do you think that they got your phone number? How did they know it was you?
A1: I’m not exactly sure how they got my number but they are people in the area who work for them and they ..[indistinct].. my number
D: Do you believe the phone calls were from JuA?
A1: Yes because they say that.
Shots fired outside 39:58
D:So you talk about firing. Was that the second week of January 2014?
A1: Yes
D: Tell me about that
A1: It happened at night time, the firing happened…I was home with my mother in law.
D: [Applicant 2] was not in Pakistan?
A1: He was in Pakistan, but he was not at home.
D: How do you know who did the firing?
A1: I’m not sure exactly but because of the threats in the past, I believe that it was people from JuA who did the firing.
D: Was anybody hurt?
A1: No, no one was injured … they fired in the air.
D: So you were at home. Were you inside the house?
A1: Yes, I was inside the house.
D: How do you know they were firing at your house and not your neighbours?
A1: Because they were firing right in front of our house?
D: Did you see who they were? Where they in a car or motorbike?
A1: At that time, I was inside the house. I did not go out the house to see, but the firing happened outside the house.
44:59
D: Was there anybody else at home with you, or just your mother in law?
A1: No, just me and my mother in law. Nobody else.
Attack 44:59
D: Have there been any other instances of harm since the firing?
A1: On the 15 of April 2014, I was attacked.
D: Could you tell me about that attack?
A1: So on that day, I normally to go and wait for the bus to come and pick me up….when I arrived at the bus stop, there were four people in a black car waiting there. These four people beat me up and l lost consciousness and …these 4 people were attempting to kidnap me. After I gained consciousness, he [incoherent]…about the incident that just happened.
D: So when you’re waiting for the van to pick you up, is there anybody else waiting for the van?
A1: No, just there by myself
D: How far away is where you get picked up by the van from your house?
A1: Ten minute walk.
D: So the place where you get picked up, is there normally other people waiting for the van?
A1: It was 7.30am on that day. It’s a bus stop. Normally you see people there, waiting for the bus. On that particular day, there was no one.
D: so you’re at the bus stop at 7.30 or 8 o’clock?
A1: 7.30. I was there at 7.30?
D: Before you were talking about getting ready at 7.30 to meet the van at 8
A1: I would leave home at 7.20 and it was a 10 minute walk, so I would get there by 7.30.
D: Just to give me a little bit more of an idea, how did they approach you and what did they do to you?
A1: Like I said before, 7.20 I would leave home and 10 minute walk, I would get to the bus stop at 7.30. I was at the bus stop when a black car approached and they were talking and they were asking me to quit my work, not to teach anymore and when I said I was going to continue my work, they started beating and I was crying. They attempt to kidnap me. I lost consciousness…
D: so what happened then?
A1: So after that they police arrived and I was slightly unconscious. Then the police took me to the police station and when I gained consciousness, they interviewed me for the FIR.
Details of attack and witness 55:26
D:How did the police know that you were there? How did they come and find you?
A1: A postal (poster?) boy (possibly passer-by?)[74] had reported this incident to the police, that a person who I had seen, four people are beating her, a woman, and the woman has gone to the ground and they are trying to kidnap her[75].
[74] The audio at this point was difficult to understand. The Tribunal put to the applicant by way of a later adverse information letter detail relating to a postal boy or passer-by. The applicant responded in writing the correct understanding was passer-by. See paragraphs 149 to 161 below.
[75] While the quality of the PV Interview audio is unclear and echoey at times due to the nature of how the interview was conducted (with some parties via telephone), it is not clear that the applicant mentions a ‘boy’ who saw the incident and reported it to Police, and this is how the Police became aware of the situation. The applicant may have referred to a ‘passer-by’.
D: How did you know they were trying to kidnap you?
A1: Because they were trying to drag me into their car?
D: Was that before they attacked you and you were unconscious? Or was it after that?
A1: No I was conscious when they were trying to grab me into their car.
D: So when they tried to get you into the car, was that after they had already beaten you up?
A1: They beat me up, they punched me, then after they tried to get me in their car….then they threw me on the ground and I was slightly unconscious.
D: Do you know who those people were that attacked you?
A1: No I’m not sure.
D: Why do you think that they attacked you?
A1: Because of my work and the job that I did was teaching. They believe that it’s ok to have only religious education. They are against females getting education and females teaching…They believe that it’s not ok for females to get an education.
D: When you say “they believe” who are you talking about?
A1: JuA group…[incoherent]. In our area…they teach people according to their way.
D: When you are going to school, what are you wearing? How would they have known that you are a teacher?
A1: I was wearing a scarf…in our area, I was the only one who was teaching and they knew I was the only one who was teaching in our area.
D: How far away is the school you teach at from your house?
A1: School is in the city and we live in a village.
D: Would you catch the bus to school every day?
A1: Yes
D: So the attack at the bus stop, is that the attack that you have the FIR for?
A1: Yes
Discussion of ANP Membership 1:04:19
D: So the phone calls, and the firing at your house and the attack at the bus stop, why is it that you believe that you are targeted because you are a teacher? Is there any other reason?
A1: The main reason being a teacher and also being a member of the ANP.
D: When did you start being a member of the ANP?
A1: November 2013.
D: The people that made the threat to you and attacked you, you’re saying you are unsure who they were, how would they know you are in the ANP?
A1: So people who live in our area, local people, the preacher who goes to the mosque, two people found out about my membership with the ANP and I was the only female member of the ANP of that area.
D: Which area is that?
A1: [Town 1], [Village 1].
Role in ANP during 2013 election 1:08:09
D: Tell me about the types of things you did in the ANP? How active were you?
A1: My role in the ANP was I participated in the campaign for the election, and also I worked for ANP and participated when […] where held and also for development of schools, take part in meetings, …I would participate in all these activities.
D: Are you still a member of the ANP?
A1: Yes
D: Tell me in a little more detail about what you did during the election…the 2013 election?
A1: In 2013 election, when the election was held, I was there. The election was held in May 2013. I became a party member in November 2013. I did participate in the election. In the 2018 election, I was here.
D: So you joined in 2013, what did you do for the 2013 May election? What role did you play?
A1: In May election, I would go to different areas and campaign for the election.
D: So what areas did you campaign in?
A1: There are various areas within our village?
D: [Town 1]?
A1: Yes.
D: And when you say campaigning, what do you actually do?
A1: Discuss and talk about education, schools, colleges and […] ideology. Focus was on primary education, it was very important.
Role in ANP other than 2013 election 1:14:40
D: So other than the 2013 election, what other roles did you play in the ANP?
A1: I would take part in the meetings and also I was a supporter of the ANP….I could not stand for election (as a government teacher and female?? Incoherent) Main reason was to have a say and strengthen education, that’s why I was very keen to be a member, to achieve this.
D: You said that you attended the meetings? Where did they hold the meetings?
A1: They have a head office in Haripur city.
D: How far is that from your village, from your house?
A1: Approximately [Distance] kilometres.
D: How did you get there?
A1: We would finish from school early on Fridays and organise transport to get to the meeting area.
D: Was it always on a Friday?
A1: Not always on a Friday. I was only able to attend on a Friday, but other days I could not attend because of my work.
D: Did you go to the meetings by yourself?
A1: Head office was in Haripur city and school was in Haripur city.
D: How long were the meetings for?
A1: About an hour.
D: What time would you usually get home from the meetings?
A1: Once the meeting has finished, the van was normally picking up, it varied what time I got home.
Family Membership ANP 1:21:18
D: Are any of your family members in the ANP?
A1: I am a member and my family votes for the party.
D: What do they think about you being a member of the party?
A1: In our area, in our village, we cannot have supporters of the ANP. In our village, they have negative opinion of my work and my work with ANP. It is very bad according to their ideology. In the city areas, they are more open minded.
The president of the ANP lives in a different area
D: Where does he live?
A1: [Location 2]? {this was a guess}
D: Are there lots of members in Haripur?
A1: Yes.
D: So the president, he’s the one that provided you the letter [confirming] your membership with the ANP?
A1: Yes. He is the President of the party in Haripur District.
D: So Haripur is the main office and all the villages report to that office. Is that correct?
A1: Yes
ANP Women’s Wing and ongoing ANP involvement until 2015 1:25:58
D: He mentions in his letter that you are a member of the women’s wing. Are there lots of women in that area for you?
A1: Yes, there are members, women members, but they are members from the city areas.
D: So when was the last time that you provided or did some activity for the party?
A1: In 2014.
D: So what happened in 2014 that you stopped your activities with the ANP?
A1: No I did not stop my activities {not clear}
D: So when is the last time you did something for the party?
A1: My last activity was in 2015. During the holidays, June, July and August, that’s when we would go and work for the party.
D: So the last time you went and did something for the party was the holidays in 2015?
A1: Yes
ANP Involvement Australia
D: have you been active in any politics in Australia?
A1: No
Discussion of Relocation 1:30:29
D: There is some country information in Pakistan which supports female teachers being a target, but they sort of say that those attacks have declined as the general security in Pakistan increases. Do you think that you would be able to move to another part of Pakistan for your safety?
A1: If I were to move to a different part of the country, the situation would be the same for me. In Pakistan, the government has changed but the policies and governing system is still the same. Pashtun are discriminated, and against women particularly.
Discussion of Returning 1:33:35
D: Why is it that you feel fear about returning to Pakistan? What do you fear about returning?
A1: I fear for my life because of the threats and the harm that I have faced in the past. I fear for my children and my husband. If I was to return, we would continue to face these threats and harm. I fear my husband and children could be subject to those threats because of me.
D: Who is it that you fear the threats and harm from?
A1: The same people who threatened in the past.
Clarification of JuA – section of TTP.
D: Your fear of harm is because you are a teacher?
A1: Yes.
D: What do you think will happen to you if you return?
A1: They will kill me, kill my children and my husband.
D: Since your arrival into Australia, have you received any threats from Pakistan?
A1: No, here I have not received such phone calls.
Bus stop incident 1:39:27
D: Return to incident at the bus stop. When the police came and did the FIR. Did they do the FIR at the bus stop?
A1: No, it happened at the police station. Ghazi Police Station.
D: What happened when you finished at the police station? What did you do?
A1: Once I finished with the police, I called my brother in law (my husband’s brother) to come and pick me up.
D: Did you go to school that day?
A1: No
D: Did you go to school the next day?
A1: Yes, the next day I went to school.
D: Was there any time during your teaching career, or during the phone calls and the firing and the attack, that you took time off from teaching? Or you thought you didn’t want to be a teacher anymore?
A1: No, I have never thought about quitting my teaching work and I will continue teaching until the end.
D: Do you think you may have been attacked purely because you were on your own waiting at the bus stop?
A1: No.
1:45:40 – Applicant 1 escorted from the room. Interview paused at 12:58 to allow for short break.
[Applicant 2] 1:47:23
Reasons for Lodging PV application
D: [Applicant 2] if you would like to start by telling me about your reasons for lodging protection in Australia?
A2: Because of my wife job and my wife’s fear she has got and for her safety. Myself and my children are at harm because of my wife.
: Tell me what it is about your wife’s fear of harm
A2: My wife … works as a teacher and also a member of the ANP. In our area, for a female to be doing all things, is not acceptable. For me as the husband, who is supposed to stop a female from being a teacher and from having membership of the ANP….puts me at risk because of her.
D: What do you think will happen to you if you were to go back to Pakistan?
A2: If we were to return to Pakistan, there is a possibility that we could be seriously harmed, we could be attacked, we could be killed, myself and my children.
D: Who do you think would be the actors in this? Who is it that you fear will kill you?
A2: Religious extremists in our area, according to them, a woman should not be going out of the house to get an education or be a teacher. Woman should be staying in the house. To study in our area, for females and to be a teacher, is not ok, not acceptable for them.
D: Is there any specific extremist that you think will target you?
A2: There are many extremist groups, but….JuA, a wing of Taliban….part of TTP.
Shots fired outside1 1:59:06
D: Are you able to tell me about [the attack]?
A2: When the shooting happened outside out home, I was in Pakistan.
D: January 2014, there was a firing?
A2: Yes, outside our home.
D: During the day or during the night?
A2: Around 9.30pm, it happened at night. An hour later I got home and my wife told me. My mother and my wife told me…..
She did not hear anyone knocking the door, she did not attempt to go outside. After the firing was finished, it was quiet.
Police Report 2:02:18
D: Did you report that to the police?
A2: Yes, the next day we went to the police station and we reported this incident to the police about the firing outside our house…[Applicant 1] had a written statement explaining what had happened.
D: Tell me about the threats?
A2: When I had married [Applicant 1], and she was a teacher, there was always people against her.
[long dialogue, broken up by translation]
There is a sect in our area, Tablighi, they go out and preach in our area. This people they belong to Islamic extremist sect.
Before marrying me, she was already teaching.
After our marriage, [Applicant 1] told me that you will not get me to leave my education.
In December 2013, the preachers that I talked about earlier, they told me to restrict my wife at home. They told me that what your wife is doing is having a negative impact on other women, particularly younger girls... It is not acceptable for Islamic society…
After that, a couple of days later, the phone calls started happening.
Physical attack and Applicant 2 absence in Australia 2:12:38
After my return in March 2014, on 15 April 2014 [Applicant 1] was physically attacked.
D: So you were in Pakistan in January 2014 and the Tablighi were talking to you saying they wanted you to stop your wife from teaching. Is that correct?
A2: Yes
D: Then you came back to Australia in March 2014?
A2: Yes
D: Then you said there was an attack in April. Was that in 2014?
A2. Yes, 2014.
D: So just after you came back to Australia, she was attacked?
A2: Yes, within 2-3 weeks.
D: Could you tell me about that attack you’re talking about?
A2: [Applicant 1] told me that she was at the bus stop, waiting for a bus to go to school.
It was early in the morning, and 4 persons approached her and beat her.
She was partially unconscious and then the police took her to the police station.
They have FIR.
They said, if you want to quit school….if you refuse… [incoherent]
Then I told my younger brother to drop her at a friend’s house because of her safety.
D: With the attack that happened at the bus stop, were the four people already at the bus stop waiting for her or how did they come into the scene?
A2: She told me that she was already waiting at the bus stop and four people came in a black car. And they attacked her.
D: Did they tell her who they are?
A2: I don’t think that they introduced themselves but they did try to pick her up and tell her to quit school.
D: Why were they asking her to quit school?
A2: Because what I mentioned before in our area, women do not have capacity to go outside their house and [be a] teacher
The people in that area believe that teaching is a responsibility for a man to be working outside the house. Women should be inside the house, and to raise the children.
Even after being attacked, I did not stop her from teaching. She continued teaching.
Because I allowed her to do what she wanted, it was not ok, it is not acceptable for the people in that society.
Post attack phone threats to Applicant 1 but not Applicant 2 2:23:17
D: Did anything else happen to [Applicant 1] after that attack?
A2: She told me that she continued to get phone threats but she was not attacked physically.
D: Have you yourself been threatened or harm in Pakistan?
A2: I was not attacked or harm. I was threatened when they told me that I have to stop her from teaching, they mentioned if I did not meet their demands….they said it in a threatening manner…that if I did not…
D: Is this is Tablighi Jammat?
A2: Yes
D: That was the conversation they had with you in January 2014?
A2: Yes, first week of January when I went there.
D: You mentioned that you asked your brother to drop [Applicant 1] at the bus stop for school? Did he do that continuously until she left for Australia?
A2: So when [Applicant 1] was in our house, my brother would pick her up and drop her off. But when she went her father, her brother would pick her up. There was always someone who would always take her to the bus stop and take her home, until she came here.
D: How often was she staying at her father’s house?
A2: Do not have any exact counts as to how often, she would go and stay at her parents’ house 1 or 2 nights.
D: Did they live close to your house?
A2: No, not close. In a different village.
D: What village?
A2: [Location 1]
D: So when she was attacked when she was waiting for the school van, was she staying at your place or her father’s place?
A2: She was at our house.
Reasons for attack 2:30:29
D: When you are talking about [Applicant 1] being attacked at the bus stop, your belief it is because she is a teacher. How would the attackers have known who she was and that she was a teacher?
A2: There was already dislike in the area against her and the preachers had that information. It was known that she was a teacher already.
Pashtun ethnicity and fear of harm 2:36:02
Discussion of discrimination and risk of harm as Pashtun and that it will follow around them around the country.
D: So when you say these people will follow you, the Country Information is suggesting that while there are some targeting teachers in the KP, the frequency has declined because of the increased security situation. What is it specifically about you that you wouldn’t be able to go to another area?
A2: We know we have faced harm in the past, we were afraid … in the city.
Traditionally in our culture, once one becomes a victim, becomes a target, the tradition is until they are completed taken out or killed…
Teacher significance and fear of return to Pakistan 2:39:40
D: So apart from the firing and the attack, is there anything else that has happened to [Applicant 1] that would affect you if you went back to Pakistan?
A2: As I explained before she is a teacher and due to her political opinion, and her trauma and harm she went through, currently she is taking medication, she is receiving treatment for her mental health and this would affect her if she were to return.
D: What type of therapy is she receiving?
A2: She goes to see a psychologist.
D: Was she seeing a psychologist in Pakistan?
A2: Yes she had…few sessions
D: Do you know when she started those sessions in Pakistan?
A2: I don’t remember the date. This was after the attack when she started to see a psychologist. She also had a miscarriage as well.
D: When was the miscarriage?
A2: In 2015, I visited April 2015 and she had the miscarriage mid May 2015.
D: Do you think that’s when she started to see the psychologist?
A2: Just from memory.
D: You mentioned that in January 2014, you were receiving some uncomfortable threats because you were allowing [Applicant 1] to be a teacher and that this is fearful for you because if you return, you think that you will be attacked or persecuted. When you left Pakistan in 2014, if you feared that something would happen to you because of [Applicant 1], why did you return to Pakistan in April and May of 2015?
A2: Because I had been apart from her from that duration, I wanted to see my wife. The target was [Applicant 1] so I wanted to be with my wife.
D: Other than what we’ve discussed today in relation to your fear to return to Pakistan, your fear is you will be persecuted because of your wife [Applicant 1], is there any other reason you fear returning to Pakistan?
A2: One other thing, which is family…combined business that my brother and I have. There are 4 brothers. There is a business and there is a dispute.
D: How does the dispute with the business make you fear persecution to go back to Pakistan?
A2: Not saying that this family business dispute will be a factor that I face persecution, but it is a dispute still outstanding and there is a conflict that needs to be resolved if I were to return.
Applicant 2 escorted back into the room. Audio paused, delegate left the room at 2:16pm. Interview recommenced at 2:23pm (Brisbane time).
Supporting documentation and sessions with psychologist in Pakistan 2:56:58
D: [Applicant 1], [Applicant 2] is talking about you having a medical report, or psychologist report with you?
A1: We have psychologist report. Do not have translation of FIR report yet.
D: When did you start seeing the psychologist?
A1: February 2017.
D: Were you seeing a psychologist in Pakistan?
A1: Yes
D: Do you remember when you started to see them in Pakistan?
A1: After the incident in April 2014.
D: How long did you see the psychologist in Pakistan?
A1: About 10 sessions.
D: You arrived in Australia in December 2015. What made you return to the psychologist in February 2017?
A1: Gradual (return of fear) and also I have twice pregnancy, so lead me to see a psychologist.
D: When you saw the psychologist in Pakistan, do you have any documentation about that?
A1: I don’t have the report for the psychologist in Pakistan, I have a referral letter from them.
Discussion of documents to provide post interview
Delegate’s Findings of Fact (Part 5 of Decision Record)
[Applicant 1]

The delegate made the following findings of fact in the decision record[76]. The delegate accepted that:
[76] Department File [Reference], TRIM [Reference 3] at pp.4-10
·She is of Pashtun ethnicity and that her home region is Haripur, Pakistan.
·She is married to applicant 2 and they have two children from their relationship that are included in the application.
·She is an educated woman and is a schoolteacher.
·She was an ordinary ANP member in [Town 1], Haripur with a low-level political profile.
·She is seeking a psychologist for depression, anxiety and stress.
The delegate did not accept that:
·JuA made threatening phone calls to the applicant in first week of January, February and March 2014
·JuA fired a gun outside the applicant’s house in the second week of January 2014
·JuA physically attacked the applicant while she was waiting to be collected by the school bus in April 2014
[Applicant 2]
The delegate made the following findings of fact in the decision record[77]:
·The delegate accepted that:
·He is of Pashtun ethnicity
·He is married to applicant 1 and they have two children from their relationship that are included in the application.
·His wife was a teacher in Haripur, Pakistan and that she was an ordinary low level member of the ANP in [Town 1], Haripur
·He supports his wife’s employment and political role
The delegate did not accept that:
·His wife has been the victim of any past harm as claimed
[77] Department File [Reference], TRIM [Reference 3] at pp.10-12
Post Interview Submission
The applicant provided a Post Interview Submission on 18 February 2020 which included:
·Psychologist Report by [Ms A] for Applicant 1 dated 13 February 2020 and First Information Report (FIR) dated 14 April 2014 in original language and translation[78]
·Various documents as evidence of employment for applicant 2[79]
[78] Department File [Reference], TRIM [Reference 4]
[79] Department File [Reference], TRIM Reference [Reference 8]
Summary of Psychologist Report
The Tribunal provides the following summary of this report:
·The Psychologist Report states that the applicant is highly anxious and depressed, as well as constant feelings of fear and insecurity as she does not want to reside in Pakistan. In addition, she has reported having flashbacks of the trauma she experienced in Pakistan.
·The Psychologist Report notes that the DASS21 which was administered on 6 February 2020 and that the applicant presented with characteristics of Post-Traumatic Stress Disorder. The scores on the DASS 21 remained the same since she was first assessed in 2017.
·It is also noted that the applicant has access to more supports and services available in Australia and if she were to return to Pakistan, lack of access to these supports and services would result in her mental health rapidly deteriorating.
·In the delegate’s decision record , she noted that as she did not accept that the applicant was subject to any harm as claimed, she did not accept that the applicant was seeing a Psychologist for this reason. However as the applicant did provide evidence of attending sessions with a Psychologist in Australia, the delegate did accept that she was seeing a Psychologist for depression, anxiety and stress.
Pre-hearing Submissions and Supporting Documentation
On 5 October 2023, the applicant’s representative provided the Tribunal with a number of pre-hearing submissions[80].These submissions included:
[80] Tribunal file 2012700, Doc ID 11607471
·Representative submission dated 5 October 2023
·ANP Membership letter dated 2 March 2020
·Statement of [Applicant 1], dated 9 February 2020
·Supplementary Statement of [Applicant 1], dated 4 October 2023
·Statement of [Applicant 2], dated 9 February 2020
·Supplementary Statement of [Applicant 2], dated 4 October 2023
·School documents for [Applicant 3]
·School documents for [Applicant 4]
·FIR with translation dated 15 April 2014
·Psychologist report dated 2 October 2023
·Letter of offer from [Employer 2] dated 24 April 2023
·Evidence of miscarriage 2015 and 2023
·Various Country Information articles
Written Submission Summary
In their written submissions, the applicant’s representative provided an overview of the applicant’s circumstances and her protection claims, which appear consistent with the claims made in the initial visa application, as well as those made in the applicants more recent statutory declarations. The applicant’s representative has also submitted that the applicant’s mental health has suffered as a result of the trauma faced in Pakistan and the uncertainty of her situation. This is supported by a recent psychologist report as discussed below.
In summary, it is submitted that the applicant is seeking protection due to her fear of persecution from the Jamaat-ul-Ahrar (JuA) or other similar groups who fall under the umbrella of Tehreek-e-Taliban Pakistan (TTP) due to the following[81] :
·Being a volunteer and member of the ANP in Pakistan
·Being a well-educated and employed woman of Pashtun ethnicity and Sunni Islamic faith; and
·Being a returnee from the West.
[81] Tribunal file 2012700, Doc ID 11607471 at paragraph 14
Response to Delegate Findings
The representative also made a number of submissions in response to the delegate’s findings set out in the decision record as summarised below:
·That the delegate failed to give proper consideration to the applicants claims and evidence because despite accepting her political affiliations and that she is an educated woman who was employed as a teacher, the delegate did not accept that the applicant was harmed in 2014[82].
·That in determining that the JuA did not officially exist until August 2014, the delegate failed to consider that the JuA may have existed locally prior to this date. Further, the fact that there was a lack of international recognition of the JuA prior to August 2014 does not necessarily mean that the applicant was not targeted by the JuA[83].
·That the delegate relied on a “severe generalisation that police reports can be counterfeit” to justify giving no weight to the FIR for the bus stop assault in April 2014. It is submitted that this position is an error and does not reflect the fact that if the FIR could be so easily obtained, it is inconsistent with the applicant not providing a FIR for the earlier incidents in 2014 and this is further evidence that the April 2014 FIR is genuine[84].
[82] Tribunal file 2012700, Doc ID 11607471 at paragraph 25
[83] Tribunal file 2012700, Doc ID 11607471 at paragraphs 26-27
[84] Tribunal file 2012700, Doc ID 11607471 at paragraphs 28-29
Applicant Statutory Declaration
In her statutory declaration dated 4 October 2023[85], applicant 1 confirms the earlier statement made on 9 February 2020[86] and clarifies additional information as follows:
·Her mental health has deteriorated, and she is ‘continuously anxious’ about her situation and the thought of having to return to Pakistan with her family.
·She has continued to see a psychologist since February 2017 due to depression, anxiety, and stress.
·She has been prescribed medication due to ongoing migraines and fears that she would not receive proper treatment if returned to Pakistan and that her symptoms would worsen.
·She demonstrates symptoms consistent with Complex Post Traumatic Stress Disorder as diagnosed by her psychologist on 1 October 2023 and suffers flashbacks to past events endured in Pakistan and her daily life is directly impacted by her ongoing anxiety.
·Further to the miscarriage suffered in 2015, she suffered another miscarriage in January 2023 which she believes is due to her ongoing anxiety about her current situation and fear of being returned to Pakistan.
[85] Tribunal file 2012700, Doc ID 11607471, Annexure 3
[86] Department File [Reference], TRIM [Reference 2]
In his statutory declaration dated 4 October 2023[87], applicant 2 confirms the earlier statement made on 9 February 2020[88] and clarifies additional information as follows:
·He does not believe that they would be able to relocate to anywhere in Pakistan due to his wife’s education and profession as a schoolteacher.
·Relocation would create many problems for his family, including the fact that his Australian-born children have never been to Pakistan and unable to speak Pashto and the likelihood that his wife would continue working as a teacher which would expose the family to the threat of harm.
[87] Tribunal file 2012700, Doc ID 11607471, Annexure 5
[88] Department File [Reference], TRIM [Reference 6]
Updated Psychologist Report
As part of the pre hearing submissions, a supplementary Psychological Report by [Ms A] dated 2 October 2023[89] was provided. A summary is set out below:
[89] Tribunal file 2012700, Doc ID 11607471, Annexure 9
·The applicant has received treatment since 2 February 2017 on a monthly basis for depression, anxiety and stress.
·Since February 2017, there has been a deterioration in her physical and mental health. This includes presenting with very low moods and reporting high levels of anxiety and stress.
·She suffers from ongoing migraines and is struggling with the uncertainty and fear associated with current situation and whether she may be returned to Pakistan.
·On 22 September 2023, she reported that during a telephone conversation with her parents, they relayed a message on behalf of the JuA that she and her family would be killed if they returned to Pakistan.
·She believes that her family or authorities in Pakistan would be unable to protect her for the real risk of torture, cruel or inhuman treatment or punishment, or death, should she be returned to Pakistan.
·She asserts that the JuA “kills education women” and the fact that she is well educated exposes her to great risk and this is further compounded by her studies and employment in Australia which the JuA deem as unacceptable.
·She reported that the JuA has killed many females that have belonged to the ANP, of which she was an active member prior to her departure.
·Updated DASS 21 results from 1 October 2023 indicate that she scored in the severe range on both her depression and stress scales, and she scored in the extremely severe on her anxiety scale.
·An International Trauma Questionnaire (ITQ) administered on 1 October 2023 returned scores which are consistent with a diagnosis of Complex Post Traumatic Stress Disorder (CPTSD), as well as results which suggest she meets the criteria for PTSD as well as having high scores on the disturbances in self-organisation (DSO).
·She experiences flashbacks to the trauma endured in Pakistan, is on heightened alert and easily startled and jumpy. In addition, she reports having trouble forming bonds with people as she fears being returned to Pakistan.
·The upcoming Tribunal hearing date is creating significant anxiety, increased levels of depression as well as palpitations and trouble sleeping. These symptoms are further to the various physical reactions experience over the years due to her anxiety and depressive symptoms. These include constant shaking in her body, a freezing tongue, shoulder pain, shortness of breath and chest pain on her left side of her body, feelings of coldness and recurring migraines for which she has consulted her GP for medication.
·Concerns about being returned to Pakistan include:
odeterioration of her mental health and wellbeing, including risk of falling into a deep depression and a higher level of anxiety which would impact on her ability to care for her children and function well herself.
odue to the various physical reactions experienced over the years, the stress of being returned to Pakistan may manifest in more severe versions and her body may be under a huge amount of anxiety and stress.
oinability to access adequate treatment in Pakistan, as well as the stigma associated with mental health conditions in Pakistan which could be a barrier to accessing appropriate mental health treatment.
Country Information Pakistan
Country Information ANP
The recent Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan[90] sets out the following concerning the ANP in Pakistan:
·The Awami National Party (ANP) is a secular Pashtun nationalist political party. It was formed in 1986 and enjoys strong support in Khyber Pakhtunkhwa and Balochistan. Between 2008 and 2013, the ANP governed Khyber Pakhtunkhwa province and was a junior partner in the federal coalition government. Since 2018, ANP members have participated in large-scale demonstrations led by the PTM against human rights abuses against Pashtuns in the tribal regions of Pakistan.
·The ANP is anti-Taliban, and TTP militants have attacked ANP members due to its secular ideology, support for the military and work to improve the Pakistan- Afghanistan bilateral relationship. In July 2018, a suicide bomb attack at an election rally in Peshawar wounded 69 and killed at least 20, including prominent ANP politician Haroon Bilour. In June 2019, the Peshawar city district president of ANP, Sartaj Khan, was gunned down in Gulbahar, Khyber Pakhtunkhwa. The ANP was also the target of TTP attacks ahead of the May 2013 elections. While security operations have weakened the TTP in recent years, they retain the capacity and intent to target ANP members and leadership (see Armed Groups)[91].
·DFAT assesses ANP members face a moderate risk of terrorist violence based on the ANP’s opposition to the TTP. The risk may be higher for ANP leaders. ANP leaders may also be at risk of official harassment due to their association with the PTM protest movement.
[90] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[91] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
A more recent report from the “Country policy and information note: political parties and affiliation, Pakistan, May 2023[92]’ sets out the following:
·In general, low-level members and activists of opposition political parties, or their family members, are unlikely to be of interest to the authorities and/or non-state actors and subject to treatment that is sufficiently serious, by its nature or repetition, to amount to persecution.
·Some senior party members may – depending on the party, their location, the person’s profile, views expressed and previous activities, and difficulties with the state, particularly in relation to corruption charges – be subject to treatment, including harassment, arrest, arbitrary detention and criminal charges by the security forces, which amounts to persecution.
Threats from non-state actors
·Paragraph 3.1.17 In general, the risk to political leaders, supporters and activists by non-state actors is unlikely to be sufficiently serious, by its nature or repetition, to amount to persecution.
·Paragraph 3.1.18 The level of risk will depend on the particular profile of the person, the party they support and the area it operates in, their activities, the nature of the threat and how far it would extend. Decision makers must consider each case on its facts with the onus on the person to show that they would be at real risk of serious harm or persecution on account of their actual or perceived political opinion.
·Paragraph 3.1.19 Some political parties and their members have been targeted by terrorist groups. However, the number of attacks against political leaders or party workers are low compared to the overall number of terrorist attacks.
[92] Country policy and information note: political parties and affiliation, Pakistan, May 2023', Government of United Kingdom, 25 April 2023
Applicant relationship/connection to ANP
The applicant described her role with the ANP as a volunteer initially, prior to becoming an active member since 3 November 2013. Confirmation of ANP Membership dated 2 March 2020[93] provided by the applicant recognises her commitment to “promoting the party cause, propagating the Bacha Khan nonviolence and education for all philosophy, arranging the party meeting and volunteer works during the 2013 General election campaign”.
[93] Department File [Reference], TRIM [Reference 2]
Country Information TTP
Recent reports re increased activity of Tehrik-e-Taliban Pakistan (TTP) outline the following:
·The TTP have continued to target police and military personal in ‘revenge attacks’ across the country since the peace negotiations broke down in November 2022. PIPS[94] estimated that the TTP and its associated groups carried out approximately 179 attacks in 2022, causing an estimated 250 deaths with a majority of them belonging to law enforcement agencies[95].
·The militant group has intensified its operations within Khyber Pakhtunkhwa and areas bordering Afghanistan[96]. In the first quarter of 2023 multiple attacks, by the TTP and its closely affiliated groups, on police personnel occurred[97]. On 30 January 2023 the largest attack on police personnel occurred where 101 people were killed and 59 were injured after a suicide bomber self-detonated in a mosque in Peshawar’s Police Lines[98].
·The TTP have continued to target police[99] and military personal[100] in ‘revenge attacks[101]’ across the country since the peace negotiations broke down in November 2022[102]. The militant group has intensified its operations within Khyber Pakhtunkhwa and areas bordering Afghanistan[103]. In the first half of 2023 multiple attacks on police personnel by the TTP and its closely affiliated groups occurred[104].
·However, in an attempt to improve its image and distinguish itself from the ISKP’s extremism, TTP attempts to spare civilians and focuses its attacks on security and law enforcement officials[105].
·PIPS observes a shift in the militant landscape and terrorist activities in Pakistan since the Taliban takeover in Kabul in August 2021. Cross-border movements by militants from Afghanistan to Pakistan have led to increasing numbers of attacks on Pakistan security personnel[106].
·Despite the rising level of violence in KP, direct attacks against civilians declined in 2022, PIPS reports. Only seven attacks in KP targeted civilians explicitly. This trend, which was observed in previous years as well, is a result of the changing tactics militants employ. Fearful of the public wrath that attacks against the civilian population engender, militants prefer to target security forces, pro-government tribal elders and political leaders, PIPS explains. Most of the attacks against civilians were reported in the tribal districts of the province. None of these attacks were claimed by TTP[107].
[94] Pakistan Institute of Peace Studies
[95] 'Pakistan Security Report 2022', Muhammad Amir Rana and Safdar Sial, Pak Institute for Peace Studies, January 2023, p. 11,
[96] ‘Police vehicle narrowly escapes bomb blast in Peshawar’s Badaber area', Zahid Imdad, Dawn (Pakistan), 21 January 2023, 20230131090944; Pakistan Security Report 2022', Muhammad Amir Rana and Safdar Sial, Pak Institute for Peace Studies, January 2023, p.14
[97] 'Three Islamists, two others killed in storming of Karachi police station', Akhtar Soomro and Ariba Shahid, Reuters, 17 February 2023, 'Death toll from Peshawar mosque bombing rises to 101 as police say ‘major arrests’ made', Sirajuddin, Dawn (Pakistan), 31 January 2023
[98] 'Death toll from Peshawar mosque bombing rises to 101 as police say ‘major arrests’ made', Sirajuddin, Dawn (Pakistan), 31 January 2023,
[99] 'Death toll from Peshawar mosque bombing rises to 101 as police say ‘major arrests’ made', Sirajuddin, Dawn (Pakistan), 31 January 2023, 'Pakistani militants claim killing of two intelligence officials', Saud Mehsud and Mubasher Bukhari, Reuters, 04 January 2023, '3 cops martyred in terrorist attack on Khyber checkpost', Tahir Khan, Dawn (Pakistan), 18 January 2023, 'Police officer among 3 martyred in late-night attack on police station in Peshawar', Tahir Khan, Dawn (Pakistan), 13 January 2023, 'Militants Kill Three Security Personnel In Attack On Police Station In Northwestern Pakistan', Radio Free Europe/Radio Liberty. Gandhara, 13 January 2023, 'Police vehicle narrowly escapes bomb blast in Peshawar’s Badaber area', Zahid Imdad, Dawn (Pakistan), 21 January 2023, 'Cop martyred in attack on Charsadda police post', Dawn (Pakistan), 21 January 2023, 20230131095240; and 'At least 59 martyred, 157 injured in Peshawar Police Line mosque blast', Express Tribune (Pakistan), 29 January 2023,
[100] 'Taliban ends ceasefire with Pakistani government, vows ‘revenge attacks’ across the country', Bill Roggio, Long War Journal, The, 21 November 2022,; 'Soldier martyred in Bannu IED blast: ISPR', Dawn (Pakistan), 22 January 2023,
[101] 'Implications of TTP Attack on Counter Terrorism Department Compound in Bannu', Ali Zahid, Jamestown Foundation, 19 January 2023,
[102] 'TTP ends ceasefire with govt, orders its militants to 'carry out attacks in entire country'', Tahir Khan, Dawn (Pakistan), 28 November 2022, ''Clouds Of War Are Gathering': Pakistanis Brace For Bloody
[103] Police vehicle narrowly escapes bomb blast in Peshawar’s Badaber area', Zahid Imdad, Dawn (Pakistan), 21 January 2023,; Pakistan Security Report 2022', Muhammad Amir Rana and Safdar Sial, Pak Institute for Peace Studies, January 2023, p. 14,
[104] 'Three Islamists, two others killed in storming of Karachi police station', Akhtar Soomro and Ariba Shahid, Reuters, 17 February 2023, 'Death toll from Peshawar mosque bombing rises to 101 as police say ‘major arrests’ made', Sirajuddin, Dawn (Pakistan), 31 January 2023
[105] PIPS, Pakistan Security Report 2021, 2022, url, p. 22
[106] PIPS, Pakistan Security Report 2022, 6 January 2023, url, p. 72
[107] PIPS, Pakistan Security Report 2022, 6 January 2023, url, p. 41
Country Information – Pashtuns

The recent Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan sets out the following information regarding race/nationality:
·Pakistan is comprised of five major ethnic groups, and many smaller ones. According to information sourced from the CIA World Factbook, the population is 44.7 per cent Punjabi, 15.4 per cent Pashtun, 14.1 per cent Sindhi, 8.4 per cent Saraiki, 7.6 per cent Muhajirs, 3.6 per cent Balochi, and 6.3 per cent others[108].
·Pashtuns are an ethnic group native to Afghanistan and northwest Pakistan, with an estimated 20-25 million living in Pakistan. Most follow Sunni Islam. Pashtuns traditionally live among their own tribes and sub-tribes in Khyber Pakhtunkhwa and the former FATA, though many migrate to urban area[109]. Pashtuns form the majority ethnic group in the province of Khyber Pakhtunkhwa[110]. The largest Pashtun community in the world lives in Karachi. Pashtuns also live in Balochistan, Islamabad, Lahore and elsewhere[111].
·Pashtuns in conflict-affected areas such as Khyber Pakhtunkhwa and Balochistan face a moderate risk of violence by state security forces, including enforced disappearance and extrajudicial killings. Elsewhere, Pashtuns generally face a low risk of official and/or societal discrimination and a similar risk of violence to other ethnic groups in the same locations, although the risk increases if they come to the attention of authorities for any reason. In areas where they are a minority, low-level societal discrimination against Pashtuns is common in the form of slurs and ethnic stereotypes[112]. Pashtuns involved with the Pashtun Tahafuz Movement (PTM) or the Awami National Party (ANP) face specific, heightened risks, as do Shi’a Pashtuns[113].
The Tribunal notes the applicant has not drawn attention to any period of residence in Balochistan. The Tribunal notes the applicant’s place of residence both before and after marriage and before coming to Australia appears to have been in the province of Khyber Pakhtunkhwa. The Tribunal notes the applicant has not raised any concerns relating to “…violence by state security forces, including enforced disappearance and extrajudicial killings …[114]” in Khyber Pakhtunkhwa. The Tribunal notes the applicant’s claims[115] for protection relate mainly but not exclusively to being a member of the Awami National Party (ANP) and threats from Jamaat-ul Ahrar (JuA). The Tribunal notes the applicant has not led any evidence[116] that addresses Pashtun Tahafuz Movement (PTM). The Tribunal notes the applicant addressed fears relating to her Pashtun ethnicity in her Interview[117] with the Department[118].
[108] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[109] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[110] Pashtun diaspora - Wikipedia
[111] Para 3.14 Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[112] Para 3.17Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[113] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[114] See above in paragraph 33
[115] For full detail of claims for protection see paragraph 65 below.
[116] See paragraph 4 and 5 above.
[117] See paragraph 18 above and in particular Pashtun ethnicity and fear of harm at 2:36:02
[118] The Tribunal addresses this particular issue later in the decision record.
Country Information – Recent activity within the Khyber Pakhtunkhwa province
Numerous sources report a surge in violence by separatists and Islamist armed groups continued into the first half of 2023.
·The Khyber Pakhtunkhwa is populated by a large variety of tribes, sub-tribes and clans, each with its own network of ties but unified by the collective of being called Pathan or Pashtuns. Over the years, however, the larger towns have become a mix of various other people from Afghanistan, Kashmir and the rest of Pakistan, just as many Pathans have migrated to, or work in the larger towns of Punjab, Sindh and Balochistan[119].
·KP has emerged as the most affected province, with PICCS Military Database showing a 50 per cent rise in terror attacks in KP in 2023 compared to the same period in 2022[120].
[119] Pakistan Bureau of Statistics, ‘2017 Provincial Census Report Khyber Pakhtunkhwa’, (2017) p.43
[120] 'Terrorism in Pakistan Soars 79% in First Half of 2023', Pakistan Institute for Conflict and Security Studies, 2 July 2023,
JuA claimed responsibility for a suicide blast inside a mosque in Peshawar, KP as revenge for the death of JuA’s chief, Khalid Khorasani, on 7 August 2022[121]
Country Information - CTC Sentinel located within the Combatting Terrorism Center at West Point[122]
[121] Terrorism Assessment, Pakistan (satp.org)
[122] May 2023 Volume 16, Issue 5
This report provides a comprehensive and current status report on The Tehrik-i-Taliban after the Taliban’s Afghanistan takeover. It sets out the following:
·With Pakistan engulfed by political and economic turmoil, the Tehrik-i-Taliban Pakistan (TTP) is again growing as a threat.
·With a solid organizational foundation and its eyes set on the Pakistani state, the TTP appears ready to follow in the footsteps of the Afghan Taliban and take control of territory in Pakistan’s tribal areas. The Taliban victory in Afghanistan has emboldened and strengthened the TTP. With the Taliban in control of Afghanistan and sympathetic to the TTP, the TTP now enjoys a level of ‘strategic depth’ that is arguably unparalleled in its history.
·The TTP has obtained new more sophisticated weapons and relocated fighter from Afghanistan to Pakistan and is now turning its focus back to its war against the Pakistani state. Over the past two years, the group has gone through a series of mergers, strengthened its media and operational activities, moved away from the indiscriminate targeting of civilians in suicide attacks, implemented a range of new internal policies centralizing its organizational structure, and settled on a localized strategy.
·In sum the Taliban victory in Afghanistan has emboldened and strengthened the TTP. With the Taliban in control of Afghanistan and sympathetic to the TTP, and the group no longer having to fear operations against it there, the TTP now enjoys a level of ‘strategic depth’ that is arguably unparalleled in its history.
·In the aftermath of the Taliban taking control of Afghanistan, four key developments have defined the TTP’s ensuing resurgence: a series of mergers, the adoption of a centralized organizational structure emulating the Afghan Taliban insurgency, growing operational activity, and a sharp strengthening in media operations.
·The TTP’s ascendant trajectory suggests that the current leader, Mufti Noor Wali Mehsud, appears to have been successful in defining and implementing a new strategy based on the group’s internal reform process, which was integral to its survival.
·It became clear in the negotiations with the government in 2022 that the group has limited its immediate objective to territorially controlling the tribal belt adjacent to Afghanistan. For now, this indicates that the TTP has placed limits on its insurgency in the realization that an Afghan Taliban-style victory in Pakistan is currently an unrealistic goa[123]l.
·Another key characteristics of the TTP’s resurgence is the organisational structure transformed from an “umbrella tribal organisation with limited control at the top into a centralized structure similar to the Afghan Taliban”. It is noted that this transformation was a vital demand of major TTP factions JuA and Hizb ul-Ahrar (HuA) that joined the TTP in August 2020 under the leadership of Umar Khalid Khurasani.
[123] CTC Sentinel May 2023 Volume 16, Issue 5 pages 1 to 10
Country Information – Jamaat-ul-Ahrar (JuA)
Tribunal researches disclose the following:
·The JuA is a group which broke away from the TTP in 2014, before officially re-joining in 2015. The main targets of the JuA have been military and law enforcement personnel, government buildings, politicians, minority groups and lawyers.
·According to other reports, “the remnants of JuA’s network post a significant threat, as they persist in launching attachments against Pakistani targets, contributing to the overall security concerns in the region” including areas of KP, including Peshawar which suffer regular terrorist attacks[124].
[124] Jamaat-ul-Ahrar, TTP, and Afghanistan’s Turbulent Landscape (specialeurasia.com)
Country Information – Recent activity targeting education facilities / teachers
Tribunal researches disclose the following:
·Research via CISNET and Google searches did not locate any evidence of terrorism related incidents occurring in Haripur in recent years.
·The most recent report of violence against teachers is the school shooting which occurred in May 2023 in Kurram, a district in the north western KP province that borders with Afghanistan[125]. Several teachers, reported to be members of the Shia community, were killed in the attack when a group of gunmen stormed a government school. This incident follows a separate attack earlier in the day in Kurram where another teacher from the same school was gunned down the road as sectarian violence escalates[126].
·According to the current Department of Foreign Affairs and Trade (DFAT) Country Information Report on Pakistan[127]:
oParagraph 3.99 Militant groups such as the TTP have attacked female teachers and school students due to their ideological opposition to female education. The 2012 shooting of prominent female education activist Malala Yousafzai while she was travelling on a school bus in Swat was a direct response to a series of media interviews in which she argued that girls had a right to education and condemned the TTP. Attacks on girls’ schools continue, particularly in the former FATA, Khyber Pakhtunkhwa and Balochistan. A significant attack occurred against 12 schools in Gilgit Baltistan in August 2018.
oParagraph 3.100 DFAT assesses that women and girls in Pakistan face a high level of official discrimination in the form of inadequate state protection from gender-based violence. Women also face significant legal discrimination on issues such as inheritance, property rights, family law, and civil and traditional judicial processes. DFAT assesses that women and girls in Pakistan face a high risk of societal discrimination and violence, particularly domestic violence, because of their sex. Poor, marginalised, minority, and rural women are particularly vulnerable and lack access to support services.
Country Information – Evidence of earlier terrorism attacks on female teachers / education date back to 2007
[125] Several teachers killed in Pakistan school shooting | Gun Violence News | Al Jazeera
[126] Six Shi'ite, one Sunni Muslims killed in northwest Pakistan shootings | Reuters; Five teachers killed in Pakistan school shooting as sectarian tensions boil over - ABC News; 8 Killed in Pakistan Shootings, Including 6 Teachers - The New York Times (nytimes.com)
[127] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
A number of reports released in 2017 and 2018 reveal detail of attacks on female teachers and educational institutions. These reports are now dated and provide information that is relevant to the period 2007 until 2017. These reports show a high level of TTP and allied group terrorist activity in particular parts of KP Province and nearby areas in those years. The reports are not current. The Tribunal provides the following detail in paragraphs 40 to 43 immediately below.
According to data collected by the Global Coalition to Protect Education from Attack, Education Under Attack 2018 - Pakistan, 11 May 2018:[128]
·there were at least 20 cases of attacks on teachers and students during 2013.
·Similar numbers were reported for 2014 with approximately 23 incidents across KP, FATA, Balochistan, and Sindh regions, although the scale and destruction of the incidents was more serious.
·Attacks on teachers and education personnel appeared to decline in 2015 with reports of eight incidents which harmed seven people.
·In 2016, approximately 18 students and education personnel were harmed as a result of at least 12 targeted attacks.
·In 2017, threats to abduct two government primary school teachers in a Punjab province were reported.
[128] Pakistan | Education Under Attack 2018 (protectingeducation.org)
The Tribunal notes none of the incidents referenced in the above report took place in the Haripur district.
The 2017 Human Rights Watch report “Dreams Turned into Nightmares: Attacks on Students, Teachers and Schools in Pakistan”, documents militant attacks between January 2007 to October 2016 in the Punjab, Sindh and KP provinces.
·The attacks are often targeted at female students and their teachers and schools in a deliberate effort to block girls’ access to education
·As a result of the TTP gaining complete control over the Swat Valley in KP in 2009, over 120,000 students and 8,000 female teachers stopped attending school.[129]
[129] Dreams Turned into Nightmares: Attacks on Students, Teachers, and Schools in Pakistan | HRW
The Tribunal notes a COISS [Report] “…did not find any recent reports of targeted attacks on female teachers.”[130]
Country Information – Recent activity in and around [Village 1], [Town 1], Haripur District, Hazara Division of the Khyber Pakhtunkhwa Province in Pakistan.
[130] Pakistan: CI1707191347728123 - Attacks on educational institutions/schools - Female school teachers 4 August 2017 page 7
Tribunal research via CISNET and Google searches did not locate any evidence of terrorism related incidents occurring in [Village 1], [Town 1], in recent years. Tribunal researches were unable to locate any news articles regarding recent terrorism related incidents in or around [Village 1], [Town 1], in recent years. Tribunal researches were unable to locate any news articles regarding recent terrorism related incidents in Haripur District in recent years. Tribunal researches did not locate any recorded terrorist related incidents in Haripur District from 2020 until time of decision[131].
[131] For full detail see paragraph 44 below.
Country Information - Number of terrorism related incidents in KP Province[132]
[132] South Asia Terrorism Portal (SATP), ‘Data-Sheet – Khyber Pakhtunkhwa - Number of Terrorism Related Incidents Year Wise’ accessed 9 October 2023
Tribunal researches have established the number of terrorism related incidents in KP[133] Province in the years post 2017. Detail is as follows:
[133] South Asia Terrorism Portal (SATP), ‘Data-Sheet – Khyber Pakhtunkhwa’, updated 25 July 2023.
·Year 2009 1432
·Year 2010 533
·Year 2011 506
·Year 2012 517
·Year 2013 504
·Year 2014 356
·Year 2015 278
·Year 2016 205
·Year 2017 86
·Year 2018 73
·Year 2019 105
·Year 2020 99
·Year 2021 168
·Year 2022 225
·Year 2023 306
Country Information - Number of terrorism related incidents in Ghazi[134], Haripur District[135] and Whole of Country[136]
[134] The applicant comes from [Village 1], [Town 1] (also noted as [Village 1], Tehsil Ghazi) in the Haripur district which is located in the Hazara Division of the Khyber Pakhtunkhwa Province in Pakistan.
[135] South Asian Terrorism Portal (SATP) ‘Data-Sheet – Haripur (Khyber Pakhtunkhwa): Number of Terrorism Related Incidents Year Wise’ accessed 9 October 2023
[136] South Asian Terrorism Portal (SATP) ‘Data-Sheet – Pakistan: Number of Terrorism Related
Tribunal researches have established the following:
·Year 2009: Ghazi 0 Haripur District 1 Whole of Country 2790
·Year 2010: Ghazi 0 Haripur District 0 Whole of Country 2204
·Year 2011: Ghazi 0 Haripur District 2 Whole of Country 2799
·Year 2012: Ghazi 0 Haripur District 0 Whole of Country 3668
·Year 2013: Ghazi 0 Haripur District 0 Whole of Country 3923
·Year 2014: Ghazi 0 Haripur District 4 Whole of Country 2779
·Year 2015: Ghazi 0 Haripur District 0 Whole of Country 1773
·Year 2016: Ghazi 0 Haripur District 1 Whole of Country 1032
·Year 2017: Ghazi 0 Haripur District 1 Whole of Country 606
·Year 2018: Ghazi 0 Haripur District 1 Whole of Country 325
·Year 2019: Ghazi 0 Haripur District 1 Whole of Country 284
·Year 2020: Ghazi 0 Haripur District 1 Whole of Country 319
·Year 2021: Ghazi 0 Haripur District 0 Whole of Country 425
·Year 2022: Ghazi 0 Haripur District 0 Whole of Country 630
·Year 2023: Ghazi 0 Haripur District 0 Whole of Country 662
Country Information - Number of KPK Districts[137] with no recorded Terrorism Incidents[138]
[137] Khyber Pakhtunkhwa Province
[138] Out of 32 districts. Data retrieved from: South Asian Terrorism Portal (SATP) ‘Data-Sheet –
Tribunal researches have established the following:
·Year 2017: 15
·Year 2018: 13
·Year 2019: 10
·Year 2020: 14
·Year 2021: 08
·Year 2022: 13
·Year 2023: 14
The data contained in the tables set out immediately above in paragraphs 39 to 47 is consistent with the various sources of newspaper articles, NGO reports, written submissions and government reports referred to and cited throughout this decision record. It is also strongly supportive of the conclusions set out in the analysis of the CTC Sentinel report as set out in paragraph 36 above. Tribunal analysis leads to the following conclusions:
·The number of terrorism related incidents in Pakistan declined significantly in the period after 2017 with an increase in terrorism related events post late 2022 arising out of the breakdown of Government Taliban talks concerning the future of border areas immediately adjacent to Afghanistan.
·The number of terrorism related incidents in Pakistan post 2022 appears to have increased in the years 2022 and 2023.
·The number of terrorism related incidents in KPK Province has increased since 2020 with a significant increase in calendar years 2022 and 2023. These increases in the wider KPK Province occurred in parts remote from the Haripur District.
·The number of KPK Districts without terrorism related incidents showed little change in the years post 2017 and appears to have stabilised in the low teens out of a possible 39 districts[139].
·In the years post 2017 the number of terrorist related incidents in the Haripur District appear to have stabilised at a historically absolute low levels approaching zero in the years 2017 to 2020 and zero in the years post 2020[140].
·In the fourteen years post 2009 until present there have not been any recorded terrorism related incidents in the applicant’s home village of [Village 1], [Town 1] (also Tehsil Ghazi[141].
[139] See paragraph 45 above
[140] See paragraph 44 above
[141] See paragraph 44 above
Country Information Mental Health Services Pakistan
The Tribunal notes paragraphs 81 to 87 of the applicants’ submission that addresses “Mental Health impediments” with reference to CPTSD, PTSD, a reference to the dire state of Pakistani mental health services, extracts from the more recent DFAT Report, media reports and relevant citations[142], an assertion that “…report identifies that, being governed under its own provincial Mental Health Act, there is no endorsed code of ethics or healthcare standards that exists neither at a federal or provincial level[143]…” and a comment from the UN International Organisation for Migration (IOM) that health is a fundamental human right to everyone. Tribunal researches have established the following:
·The quality and coverage of mental health services in Pakistan is poor. There is no national mental health policy, and while some provinces have mental health legislation, enforcement is poor. Exact statistics on mental health are not available[144].
·The Tribunal notes that in 2015 the regional government in KP Province established the Khyber Pakhtunkhwa Health Care Commission. The Tribunal notes this Commission has separate departments relating to the legal framework and various functional directorates, a communications department and detail relating to fee structures, careers and tenders for the regulation of medical services inclusive of mental health services in the Haripur District[145].
·According to a 2020 article in the medical journal The Lancet, Pakistan has fewer than 500 psychiatrists serving a population of 200 million. More than 90 per cent of people with common mental health disorders go untreated[146]. In this respect the Tribunal notes the applicant availed herself of mental health services in Pakistan prior to leaving that country for Australia. Similarly the Tribunal notes the significant growth in government controlled and regulated mental health services in and around KP Province through the creation of a dedicated and funded agency. Again the Tribunal notes the applicant in her use of mental health services has availed herself of psychological guidance and assistance not psychiatric advice.
·In a turn of events, PM Shehbaz Sharif has launched a mobile phone application ‘Humraaz’ and a toll-free helpline 1166 which will provide free mental health assistance to people[147]. The app has several features to cater to individuals suffering from different conditions[148].
[142] The Tribunal notes it was unable to access citation number 29 “Pakistan’s economic crisis puts healthcare costs out of reach” as a subscription was required to unlock the article.
[143] See paragraph 85 of applicants submissions Doc ID number 11607558
[144] 'Mental health', Dawn (Pakistan), 23 March 2022,
[145] Khyber Pakhtunkhwa Health Care Commission: Registered Health Care Establishements - Khyber Pakhtunkhwa Health Care Commission (kp.gov.pk)
[146] Department of Foreign Affairs and Trade (DFAT) Country Information Report Pakistan dated 25
[147] 'Mental health helpline', Express Tribune (Pakistan), 15 May 2023,
[148] 'Mental health helpline', Express Tribune (Pakistan), 15 May 2023,
Country Information Mental Health Services[149] in Haripur, Khyber Pakhtunkhwa
[149] The Tribunal notes the detail of this information was put to the applicant in evidence for comment and after the hearing by way of follow-up correspondence relating to adverse information as agreed by the applicant’s representative. See paragraphs 66, 68, 69 and 70 below.

181. In these circumstances the Tribunal gives significant weight to the three reports[228] set out above: the DFAT Report, the UK Govt Report and the Current TTP Strategy Report.
[228] See paragraph 104 above.
182. The Tribunal finds that the applicant does not have a well-founded fear of persecution and her claims do not have a credible basis.
183. The applicant will return to Pakistan as she left Pakistan. As an educated Pashtun female with ongoing unresolved mental health issues. In addition she returns to her home village and wider family as the mother of two young children born and at time of return raised in Australia. In addition she returns as a person who will have lived in Australia for many years. The Tribunal understands she will resume her teaching career and may continue or reactivate her engagement within the ANP. These differences are not significant. Many Pakistan people, both male and female study, work and live for a time in western countries. One only has to review Tribunal records to understand many Pakistani citizens avail themselves of a repeat ability to obtain temporary visas and in some cases visas that give rights of ongoing residence. Many as in the case of applicant number 2 whilst lawfully residing in Australia return on occasion to visit their home locale and home country. The data referred to above in this decision record as to the availability of gender specific schools, the wide employment of female teachers in KP Province, the minimal, minor and low level role of the applicant in the ANP, the growth in location, availability and spread of mental health services lead to a particular conclusion. The Tribunal finds there is only a remote chance or less than a real chance that the applicant will be harmed for any of the reasons she has claimed either on an individual basis or in aggregate. The Tribunal does not accept that there is a real chance she would be persecuted for any of the reasons outlined in s 5J(1)(a) of the Migration Act or any other reason. It follows that the Tribunal is not satisfied that if the applicant is removed from Australia to Pakistan, there is a real chance the applicant will be persecuted.
184. The Tribunal is not satisfied that the applicant is a person in respect of whom Australia has protection obligations under section 36(2)(a). Having concluded that the applicant does not meet the refugee criteria, the Tribunal now turns to consider the alternative complementary protection criteria’
Complementary Protection s 36(2)(aa) of the Migration Act
185. The Tribunal now turns to consideration of CP. The wording of s 36(2)(aa) is different to that in s 36(2)(a) of the Migration Act. S 36(2)(aa) is not limited to the 5 core criteria of race, religion, nationality, membership of a particular social group or political opinion.
186. S 36(2)(aa) of the Migration Act refers to the fact Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm.
187. Each review application is a standalone matter. In each review application what is required will depend on the particular facts and the reasoning of the decision-maker. In assessing the risk of harm the Tribunal is required to have regard to “substantial grounds for believing” that as a “necessary and foreseeable consequence” of the non-citizen being removed from Australia there is a “real risk” that the non-citizen will face significant harm.
188. In a pre-hearing submission to the Tribunal under CP the applicant summarised the elements of ss 36(2A) of the Act being significant harm, real risk, substantial grounds for believing, a necessary and foreseeable consequence. The applicant submitted that “…if returned to Pakistan, the Review Applicant would be subjected to significant harm for the reasons set out above, particularly with regard to the evidence provided…”
189. In post hearing submissions to the Tribunal the applicant submitted “…in the event the Tribunal is still of the view that the Review Applicant does not meet s 36(2)(a) of the Act, we submit that she invokes Australia’s non refoulment obligations such that she can be awarded a visa pursuant to the Complementary Protection provisions in s 36(2)(b) of the Act. This includes her husband and children as members of her family unit…”
190. In this review application the applicant has departed her home country, established continuing residence in Australia and is settled in this country with her husband and family. She has an active life as a mother, wife, carer and worker in [a Work sector]. The applicant made it quite clear on a number of occasions she does not wish to return to Pakistan and wishes to remain in Australia. She was emphatic she would face harm from the Taliban if he returned to Pakistan because of her ANP membership post November 2013, ANP activities in Pakistan allied to the fact she was employed as a teacher.
191. The Tribunal is of the view [Village 1], [Town 1] (also noted as [Village 1], Tehsil Ghazi) in the Haripur district which is located in the Hazara Division of the Khyber Pakhtunkhwa Province in Pakistan is a place largely remote from terrorist activity. There is insufficient evidence to conclude the Taliban has an on the ground presence or capacity to engage in terrorist activity in any part of [Village 1], [Town 1] (also noted as [Village 1], Tehsil Ghazi) in the Haripur district which is located in the Hazara Division of the Khyber Pakhtunkhwa Province in Pakistan. There is insufficient evidence before the Tribunal to establish the Taliban has any desire, purpose or capacity to engage in terrorist type activities against a person such as the applicant or members of her immediate family if she relocates to her home village of wider areas within Haripur District.
192. In reviewing all of the information outlined, summarised and discussed above the Tribunal is unable to conclude there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan there is a real risk the applicant will suffer significant harm. In summary as outlined above in this decision record the Tribunal has made a finding the applicant does not face a real chance of harm under the refugee criterion. The Tribunal relies upon earlier reasons and findings to conclude that the applicant does not face a real risk of harm (given that the real chance and real risk are the same).
[Applicant 2]
193. [Name] is applicant number 2 in this review application. He is a man of Pashtun ethnicity. He is the husband of applicant number 1. He has lived in Australia since October 2007 as the holder of numerous sequential temporary visas. This period of residence is more than 16 years. At the time applicant 1 lodged her Application for a Protection Visa his own temporary visa was about to expire.
194. He visited[229] Pakistan on numerous occasions in the period 2007 until 2015. On each occasion he entered Pakistan and travelled to his eventual destination without hindrance, harm or threat. On each occasion her departed Pakistan for Australia without hindrance, harm or threat. On occasion he stayed for lengthy periods of up to 3 months.
[229] For detail of visits to Pakistan see paragraphs 12 and 14 above.
195. His statement of claim is set out in paragraph 17 above. His interview statement is set out in paragraph 18 above. His evidence to the Tribunal is set out in paragraph 67 above.
196. Applicant 2 claims he fears returning to Pakistan because of the threats and dangers his wife faces in Pakistan. Applicant 2 fears that because his wife has safety concerns, the applicant and his children’s lives are at risk should they all return to Pakistan. Applicant 2 has made no claims of past persecution but based on his wife’s employment as a schoolteacher and member of the Awami National Party, he fears that extremist religious groups will kill, torture and mistreat him, his wife and his children if returned to Pakistan[230].
[230] For full detail dee decision record page 5.
197. He fears to return to Pakistan because he thinks he will be harmed on account of the role of his wife as a teacher and member of the ANP and his continuing inability as a man and head of the house to stop her from pursuing these activities.
198. He advised the Department he had been subject to some minor pressure abut no direct threats were made to him. He fears that as a Pashtun neither he nor his children will be safe anywhere in Pakistan. He recounted an incident in December 2013 when Tablighi Jammat told him to restrict his wife but again no direct threats were made to him. He has not been attacked or harmed in any way. On the occasion of each incident he was not at home or in Australia and hence did not directly see or observe any of the relevant events.
199. In evidence to the Tribunal he advised as follows:
·He had not witnessed the attack or the firing of shots. On each occasion he was in Australia. He is not aware of any social media activity or press reports relating to any of the incidents raised by his wife.
·On his 4 or 5 return visits to Pakistan in the years 2011 to 2015 he was not the subject of an attack or threat on any occasion. After prayers on one occasion some fellow worshippers expressed displeasure at the fact his wife was a working woman. They spoke in a bad way. He did not feel threatened.
·He is not active in the ANP in Australia.

200. The Tribunal has considered the various claims of applicant 2. He has been resident in Australia for many years . He lives in Australia with his wife and children. He is not engaged politically with Pakistani politics in Australia. He is a man of Pashtun ethnicity.
201. In paragraphs 108 to 119 above the Tribunal considered at length the issue of Pashtun ethnicity and possible violence in KP Province and elsewhere in Pakistan to persons of Pashtun ethnicity. Applicant 2 has done nothing to attract the attention of the TTP or Taliban possibly excluding his marriage to a woman of sometime political activism who works as a teacher.
202. Quite specifically and repeatedly he advised he had not been the subject of threat. He has not been attacked. His life in Australia is that of husband, father, provider and worker. He is not engaged in local ANP politics.
203. In reviewing all of the information outlined, summarised and discussed above the Tribunal does not accept there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan there is a real risk applicant 2 will suffer significant harm.
204. The claims of applicant 2 in relation to being a Pashtun and a returnee from the West are not contingent upon the first named applicant’s TTP related claims. The Tribunal in this decision record has made findings as to the significance of Pashtun ethnicity. Applicant 2 has lived away from Pakistan for many years. During his period of residence he returned to Pakistan on a number of occasions and stayed for significant periods of time. His evidence as set out in paragraph 67 about his 4 or 5 return visits to Pakistan in the years 2011 to 2015 was that he was not the subject of an attack or threat on any occasion. After prayers on one occasion some fellow worshippers expressed displeasure at the fact his wife was a working woman. They spoke in a bad way. He did not feel threatened. The Tribunal has given careful and detailed consideration to the claims of applicant 2 and the evidence provided in his written statements, oral evidence, interview commentary, CI and post hearing submissions. In reviewing all of the information outlined, summarised and discussed above the Tribunal is unable to conclude there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan there is a real risk the applicant will suffer significant harm. In summary as outlined above in this decision record the Tribunal has made a finding the applicant does not face a real chance of harm under the refugee criterion. The Tribunal relies upon earlier reasons and findings to conclude that the applicant does not face a real risk of harm (given that the real chance and real risk are the same).
205. The Tribunal is not satisfied that applicant 2 genuinely fears persecution in Pakistan for the reasons claimed or that his claimed fear of harm is credible.
206. The Tribunal does not accept applicant 2’s wife has been the victim of any past harm as claimed. It follows the Tribunal does not accept applicant 2 claims that his wife has been harmed in the past for the same reasons.
207. The Tribunal is not satisfied that applicant 2 meets the criteria in s5H(1) of the Act and is therefore not a refugee. The Tribunal, therefore, is satisfied [Applicant 2] is not a person in respect of whom Australia has protection obligations as provided for in s36(2)(a) of the Act.
208. For the reasons given above, the Tribunal is not satisfied that applicant 2 is a person in respect of whom Australia has protection obligations under s 36(2)(a).
[Applicant 3]
209. [Applicant 3] is a member of the family unit of [Applicants 2 and 1], as defined in Regulation 1.12 of the Migration Regulations 1994, and therefore is also a member of the same family unit, as defined in s5(1) of the Act.
210. As the Tribunal has refused to grant a Protection visa to [Applicants 2 and 1], the applicant does not satisfy s36(2)(b) or s36(2)(c) of the Act as she is not a member of the same family unit as a non-citizen who holds a Protection visa of the same class applied for in this application and who engages Australia’s protection obligations under s36(2)(a) or s36(2)(aa) of the Act. Applicant 3 is a child Pakistani citizen of Pashtun ethnicity. She has not lived in Pakistan. In returning to Pakistan she will be with her immediate family and return to a wider family in and around her parent’s home locale. In reviewing all of the information outlined, summarised and discussed above the Tribunal is unable to conclude there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan there is a real risk applicant 3 will suffer significant harm. In summary as outlined above in this decision record the Tribunal has made a finding applicant 3 does not face a real chance of harm under the refugee criterion. The Tribunal relies upon earlier reasons and findings to conclude that applicant 3 does not face a real risk of harm (given that the real chance and real risk are the same).
211. Therefore in respect of [Applicant 3] the Tribunal affirms the refusal decision under review.
[Applicant 4]
212. [Applicant 4] is a member of the family unit of [Applicants 2 and 1], as defined in Regulation 1.12 of the Migration Regulations 1994, and therefore is also a member of the same family unit, as defined in s5(1) of the Act.
213. As the Tribunal has refused to grant a Protection visa to [Applicants 2 and 1], the applicant does not satisfy s36(2)(b) or s36(2)(c) of the Act as he is not a member of the same family unit as a non-citizen who holds a Protection visa of the same class applied for in this application and who engages Australia’s protection obligations under s36(2)(a) or s36(2)(aa) of the Act. Applicant 4 is a child Pakistani citizen of Pashtun ethnicity. He has not lived in Pakistan. In returning to Pakistan he will be with his immediate family. In reviewing all of the information outlined, summarised and discussed above the Tribunal is unable to conclude there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan there is a real risk applicant 4 will suffer significant harm. In summary as outlined above in this decision record the Tribunal has made a finding applicant 4 does not face a real chance of harm under the refugee criterion. The Tribunal relies upon earlier reasons and findings to conclude that applicant 4 does not face a real risk of harm (given that the real chance and real risk are the same).
214. Therefore in respect of [Applicant 4], the Tribunal affirms the refusal decision under review.
CONCLUDING PARAGRAPHS
215. The Tribunal has given careful and detailed consideration to the applicant’s claims and the evidence provided in his written statements, oral evidence, interview commentary, CI and post hearing submissions. The Tribunal is not satisfied that the applicant genuinely fears persecution in Pakistan for the reasons claimed or that his claimed fear of harm is credible.
216. For the reasons given above, the Tribunal is not satisfied that the applicant is a person in respect of whom Australia has protection obligations under s 36(2)(a).
217. Having concluded that the applicant does not meet the refugee criterion in s 36(2)(a), the Tribunal has considered the alternative criterion in s 36(2)(aa). The Tribunal is not satisfied that the applicant is a person in respect of whom Australia has protection obligations under s 36(2)(aa).
218. There is no suggestion that the applicant satisfies s 36(2) on the basis of being a member of the same family unit as a person who satisfies s 36(2)(a) or (aa) and who holds a protection visa. Accordingly, the applicant does not satisfy the criterion in s 36(2).
219. In reviewing all of the information outlined, summarised and discussed above the Tribunal is unable to conclude there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Pakistan there is a real risk the applicant or the other applicants will suffer significant harm.
DECISION
220. The Tribunal affirms the decision not to grant the applicants protection visas.
Mark Bishop
Senior Member
ATTACHMENT - Extract from Migration Act 1958
5 (1) Interpretation
…

cruel or inhuman treatment or punishment means an act or omission by which:
(a)     severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
(b)     pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
(c)     that is not inconsistent with Article 7 of the Covenant; or
(d)     arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…

degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:
(a) that is not inconsistent with Article 7 of the Covenant; or
(b) that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…

torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a)     for the purpose of obtaining from the person or from a third person information or a confession; or
(b)     for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
(c)     for the purpose of intimidating or coercing the person or a third person; or
(d)     for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e)     for any reason based on discrimination that is inconsistent with the Articles of the Covenant;
but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

…

receiving country, in relation to a non-citizen, means:
(a) a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or
(b) if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.
…

5H    Meaning of refugee
(1)For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person is:
(a)     in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b)     in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.
Note:     For the meaning of well-founded fear of persecution, see section 5J.
…

5J     Meaning of well-founded fear of persecution
(1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:
(a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
(b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and
(c)     the real chance of persecution relates to all areas of a receiving country.
Note:     For membership of a particular social group, see sections 5K and 5L.
(2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Note:     For effective protection measures, see section 5LA.
(3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:
(a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or
(b)     conceal an innate or immutable characteristic of the person; or
(c)     without limiting paragraph (a) or (b), require the person to do any of the following:
(i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;
(ii)conceal his or her true race, ethnicity, nationality or country of origin;
(iii)alter his or her political beliefs or conceal his or her true political beliefs;
(iv)conceal a physical, psychological or intellectual disability;
(v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;
(vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.

(4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):
(a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and
(b)     the persecution must involve serious harm to the person; and
(c)     the persecution must involve systematic and discriminatory conduct.
(5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
(a)     a threat to the person’s life or liberty;
(b)     significant physical harassment of the person;
(c)     significant physical ill‑treatment of the person;
(d)     significant economic hardship that threatens the person’s capacity to subsist;
(e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;
(f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.
(6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.

5K    Membership of a particular social group consisting of family
For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:
(a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and
(b)     disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;

where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note: Section 5G may be relevant for determining family relationships for the purposes of this section.

5L    Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)     a characteristic is shared by each member of the group; and
(b)     the person shares, or is perceived as sharing, the characteristic; and
(c)     any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and

(d) the characteristic is not a fear of persecution.

5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a) protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and

(b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)     the person can access the protection; and
(b)     the protection is durable; and
(c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
…

36     Protection visas – criteria provided for by this Act
…
(2)A criterion for a protection visa is that the applicant for the visa is:
(a)     a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or

(c) a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.

(2A)A non‑citizen will suffer significant harm if:
(a)     the non‑citizen will be arbitrarily deprived of his or her life; or
(b)     the death penalty will be carried out on the non‑citizen; or
(c)     the non‑citizen will be subjected to torture; or
(d)     the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)     the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)     it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)     the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
…

These locations are estimates only as there may be other police stations in Ghazi the applicants’ statements do not disclose the exact location of the bus stop which may account for the discrepancy in distance between Google Maps and the FIR.

January 2022

January 2022 Paragraph 3.74

Year As TTP Ends Cease-Fire, Intensifies Attacks', Daud Khattak, Radio Free Europe / Radio Liberty (RFE/RL), 30 December 2022

January 2022 paragraph 3.1

January 2022 paragraphs 3.13 and 3.14

January 2022 paragraph 3.1

January 2022

January 2022 paragraph 3.18

January 2022 Paragraph at paragraphs 3.99 and 3.100

Incidents Year Wise’ accessed 9 October 2023

Pakistan: Districts’ Updated 25 August 2023

January 2022 Paragraph at paragraph 2.14 page 10

out the number of per annum counselling sessions and regularity of such sessions
conducted from 2017 until the present date…”. See Doc ID number 11633532