2015462 (Refugee)

The applicant, a single woman from Pakistan, sought a protection visa, claiming a well-founded fear of persecution upon return due to her membership in the particular social group of women in Pakistan. The dispute centred on whether Australia had protection obligations towards her. The matter was heard by Bridget Cullen, Senior Member, of the Tribunal.

The core legal issue before the Tribunal was to determine if the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958 (Cth), specifically whether she had a well-founded fear of persecution for reasons of her membership in a particular social group. This involved assessing the credibility of her claims regarding harm from her brothers, the nature of her fear, and the availability of state protection in Pakistan. The Tribunal also considered the complementary protection criterion under section 36(2)(aa) as a secondary consideration.

The Tribunal found that the applicant was a citizen of Pakistan and accepted her claimed family composition and financial assets. Her fear stemmed from her brothers' desire for her to enter a forced, arranged marriage, and her refusal, which led to her exclusion from her property and assets. The Tribunal noted the applicant's lack of parental support upon return to Pakistan. Crucially, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a).

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