2014138 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Pakistan. The dispute centred on whether the applicant met the criteria for a protection visa under Australian law, specifically concerning the definition of a refugee as outlined in the Migration Act 1958 and the 1951 Refugee Convention. The matter came before the Tribunal for reconsideration.

The Tribunal was required to determine if the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether they were unable or unwilling to avail themselves of the protection of Pakistan due to such fear. The Tribunal also considered the possibility of complementary protection grounds if the refugee criterion was not met.

The Tribunal considered the applicant's claims and the relevant country information. It was satisfied that the applicant had a well-founded fear of persecution in Pakistan and therefore met the criterion for a protection visa under s.36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s.36(2)(a).