2212864 (Refugee)

The applicant, a Shia Muslim of Bangash Pashtun ethnicity from Parachinar, Pakistan, sought a Protection Visa. The dispute concerned whether the applicant had a well-founded fear of persecution and whether relocation within Pakistan would be a reasonable alternative to returning to his home region. The matter was before the Tribunal, presided over by Deputy President Antoinette Younes.

The core legal issues before the Tribunal were whether the applicant faced a real chance of suffering serious harm for reasons of his religion and ethnicity if returned to Pakistan, and whether it would be reasonable for him to relocate to another part of Pakistan to avoid such harm. The Tribunal was required to consider the applicant's claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal found that the applicant faced a real chance of suffering serious harm due to his Shia religion and Bangash Pashtun ethnicity in the Kurram District. This conclusion was based on evidence detailing the ongoing violence and targeted killings of Shia Muslims by groups such as the Taliban and Sunni extremists, as well as the applicant's personal experiences and fears. The Tribunal also considered the applicant's lack of family support outside Parachinar and the inherent dangers of travel within Pakistan, concluding that relocation to Islamabad or any other part of Pakistan would not be reasonable. The Tribunal noted that the psychological impact of relocation was a relevant consideration.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the refugee criterion under s 36(2)(a) of the Migration Act.