2107757 (Refugee)

The applicant, a national of Pakistan, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution in Pakistan, or alternatively, whether there was a real risk of significant harm upon removal to Pakistan. The matter was before the Tribunal for reconsideration.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) by having a well-founded fear of persecution for reasons of religion, or under section 36(2)(aa) by facing a real risk of significant harm upon removal to Pakistan. The Tribunal was required to consider the applicant's claims of persecution by the Taliban due to his Shia religion, allegations of shooting a Sepah member, and the unavailability of state protection in Pakistan, as well as his mental health issues.

The Tribunal applied the principles outlined in sections 5J and 36(2)(aa) of the *Migration Act 1958* (Cth), considering Ministerial Direction No. 84 and relevant guidelines. It noted the applicant's established identity and the sensitive nature of his claims, indicating that the Tribunal had created a supportive environment to facilitate disclosure. The Tribunal also considered country information and the applicant's extensive documentation, including medical reports and affidavits.

Ultimately, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).