2107655 (Refugee)

The applicant sought a protection visa, claiming to have received death threats from Lashkar-e-Jhangvi in Karachi, Pakistan, for her work as a social worker and religious lecturer to Shia women. The applicant alleged that these threats intensified, forcing her to go into hiding and leave Pakistan. She also stated that she had previously reported these threats to the police, who were unable to offer protection due to the group's power. The matter was before the Tribunal for review.

The primary legal issue before the Tribunal was whether Australia owed protection obligations to the applicant. This involved determining if the applicant met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, if she met the complementary protection criterion under section 36(2)(aa) of the Act, which requires substantial grounds for believing that, as a necessary and foreseeable consequence of removal, there is a real risk of suffering significant harm.

The Tribunal considered the applicant's claims, including the specific threats made by Lashkar-e-Jhangvi, her role as a Shia religious lecturer, and her prior unsuccessful attempt to seek assistance from the Pakistani police. The Tribunal also noted the applicant's assertion that she could not relocate within Pakistan due to language barriers and cultural differences, and that she feared being killed if returned. The Tribunal concluded that the decision under review should be remitted for reconsideration, directing that the first applicant satisfies section 36(2)(a) of the *Migration Act*. The Tribunal also noted that it lacked jurisdiction to consider the second applicant as there was no reviewable decision before it concerning that individual.