2108655 (Refugee)

The applicant, a citizen of Pakistan of Pashtun ethnicity, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to be targeted by the Nizamani people and the Muttahida Quami Movement (MQM) due to their ethnicity. The primary legal issue before the court was whether the applicant's fear of persecution constituted a well-founded fear of persecution for reasons of membership of a particular social group, specifically Pashtun men in Pakistan, and whether effective state protection was available.

The court considered the applicant's claims regarding threats from the Nizamani people and the MQM, and assessed the general country information concerning the situation of Pashtuns in Pakistan. A key aspect of the determination involved evaluating the availability and effectiveness of state protection for individuals in the applicant's position, as well as the viability of internal relocation as a means of avoiding persecution. The court also noted that a duplicate application for review had been lodged and found to be invalid.

Ultimately, the court found that the decision under review was affected by an error of law. Consequently, the court remitted the application for a fresh decision in accordance with the law.