2206622 (Refugee)

This matter concerned an application for a protection visa by a woman from Pakistan. The applicant claimed to be facing persecution due to her imputed political opinion and membership of a particular social group, specifically as the daughter and sister of members of the MQM political party. She alleged that individuals, acting as political rivals, military, and paramilitary forces, had made threats, demanded money, demolished her family's business, and occupied their land. The applicant further stated that her husband and father had died, and all other family members had left the country, leaving her and her mother, who was elderly and in poor health, living alone in Pakistan. The decision under review had affirmed the refusal of the protection visa.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically imputed political opinion and membership of a particular social group. This involved assessing the credibility of the applicant's claims, considering the consistency of her evidence, and evaluating the country information relevant to the safety of single women living alone in Karachi, Pakistan, particularly those with family ties to the MQM. The court also had to consider the applicant's own level of involvement with the MQM and the nature of the threats and harm she alleged.

The court found that the applicant's claims were not credible, noting inconsistencies in her statements and evidence. While acknowledging the general instability in Pakistan and the historical issues faced by the MQM, the court found that the specific threats and harm alleged by the applicant were not sufficiently substantiated. The court also considered the applicant's limited profile within Pakistan, her son/brother's long residence in Australia, and the applicants' multiple return visits to Pakistan, which suggested a degree of safety. The court concluded that the applicant had not demonstrated a well-founded fear of persecution for a Convention reason.

The decision under review was affirmed.