2410979 (Refugee)

This matter concerned an application for a protection visa by a citizen of Pakistan. The applicant initially applied as a secondary applicant with her husband but later made her own claims after separating from him. She alleged that if returned to Pakistan, she would face persecution and significant harm due to her gender, her status as a victim of family violence, and her position as a woman who had left her husband without male protection. The Tribunal considered evidence including sworn statements from the applicant and her support worker, as well as court orders related to family violence.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under the 'refugee' criterion or on 'complementary protection' grounds. Specifically, the Tribunal had to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Pakistan, the applicant faced a real risk of suffering significant harm. This involved assessing the applicant's claims of gender-based violence and the availability of state protection in Pakistan, particularly for women who have left their husbands and are perceived to have brought shame upon their families.

The Tribunal acknowledged the applicant's history of serious family violence perpetrated by her husband and accepted that upon return to Pakistan, there was a real chance she would again be subjected to violence and face harm from her ex-husband's family due to her actions. The Tribunal also took into account country information indicating Pakistan's poor record on gender equality and the prevalent issues of gender-based and domestic violence, often viewed as a private family matter with limited police intervention. Despite these findings, the Tribunal concluded that the decision under review should be remitted.