2013072 (Refugee)

The applicant, a Shia Muslim of Balti ethnicity from Pakistan, sought a protection visa in Australia. The applicant claimed a well-founded fear of persecution due to his religious minority status and his physical appearance, which he stated resembled that of the Hazara people, a group known to be targeted. He also asserted that the Pakistani government was unable to provide effective protection against extremist groups like the Taliban. The matter was before the Tribunal for review.

The core legal issues before the Tribunal were whether the applicant met the definition of a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether he had a well-founded fear of persecution for reasons of his religion and ethnicity, and whether effective protection was available to him in Pakistan. The Tribunal was also required to consider the complementary protection criterion under section 36(2)(aa) if the refugee criterion was not met, which involves assessing the real risk of significant harm upon removal from Australia.

The Tribunal considered extensive country information regarding the situation for Shia Muslims and ethnic minorities in Pakistan, including reports of rising religious extremism, blasphemy accusations disproportionately targeting Shia individuals, and sectarian violence. It noted that while some aspects of the security situation had improved, extremist groups retained the capacity to carry out attacks, and state protection was often limited due to under-resourcing, corruption, and lack of political will. The Tribunal found that the applicant's claims of fear were credible, particularly given his experiences, including being present during a bombing and a prior shooting incident, and his mental health condition. It concluded that the applicant faced a well-founded fear of persecution for reasons of his religion and ethnicity, and that relocation within Pakistan was not a reasonable option to avoid this risk.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth). As the refugee criterion was met, it was unnecessary to consider the complementary protection criterion.