2018602 (Refugee)

The matter before the Tribunal concerned an application for a protection visa by Mr. Shahyar Roushan. The applicant claimed he would face harm if returned to Afghanistan due to his divorce, perceived Western affiliation, and his family's past involvement with the former Afghan government. The delegate had previously found that the applicant had not established a real chance of persecution or significant harm.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee or faced a real risk of significant harm upon removal to Afghanistan. This involved assessing his claims regarding imputed political opinion, membership in a particular social group (divorced men in Afghanistan), and the impact of the Taliban's takeover of the country on his safety. The Tribunal also considered the provisions of the *Migration Act 1958* concerning the definition of a refugee and significant harm.

The Tribunal reasoned that while the applicant's claims regarding domestic violence and being divorced and Westernised had not been sufficiently substantiated before the first Tribunal, the subsequent significant change in the political and security landscape in Afghanistan following the Taliban's takeover in August 2021 was a crucial factor. The Tribunal accepted that the applicant had prominent family ties to the former Afghan government, and that his relative, [Relative A], had fled the country after the Taliban takeover. Given these circumstances and the applicant's previously uncontentious family profile, the Tribunal concluded that these changes were likely to have a significant adverse impact on the applicant if he were removed to Afghanistan.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*, meaning he is considered a refugee for the purposes of the Act.