2212789 (Refugee)

The applicant, a national of Pakistan, sought review by the Refugee Appeals Tribunal of a decision to refuse him a protection visa. The applicant claimed to be a Shia Muslim who had worked for a Shia organisation and had been subjected to threats of killing from Lashkar e Jhangvi, leading to a fear of persecution in Pakistan. The Federal Circuit and Family Court had previously quashed an earlier Tribunal decision and remitted the matter for reconsideration, finding that the Tribunal had erred by failing to consider the impact of the COVID-19 pandemic on Pakistan's healthcare system and economy as an impediment to internal relocation.

The Tribunal was required to determine whether the applicant met the criteria for a 'refugee' or 'complementary protection', or if he was a family member of someone who did. This involved assessing the applicant's claims of a well-founded fear of persecution in Pakistan, considering the availability and reasonableness of internal relocation, and taking into account the impact of the COVID-19 pandemic on relocation prospects. The Tribunal was not bound by previous decisions of the delegate or the earlier Tribunal Member.

In its reasoning, the Tribunal considered all material before it, including the applicant's visa application, written statements, affidavits, employment confirmation, and a First Information Report from Pakistan. It also considered oral evidence provided at two Tribunal hearings. The Tribunal applied the principles of refugee law and complementary protection, as well as the Ministerial Direction No. 84 and relevant guidelines, to assess the applicant's claims individually and cumulatively. The Tribunal's ultimate decision was to affirm the delegate's refusal to grant the protection visa.