2445076 (Refugee) - [2025] ARTA 1434

2445076 (REFUGEE) [2025] ARTA 1434 (7 MARCH 2025)
DECISION AND
REASONS FOR DECISION
Representative:  Mr Ibrahim Safi (MARN: 1464015)
Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number: 2445076

Tribunal:General Member A Devitt-Bills
Date:7 March 2025

Place:Adelaide
Decision:The Tribunal sets aside the decision under review and remits the application for a protection visa for reconsideration, in accordance with the order that the applicant meets the following criteria:
·s 36(2)(a) of the Migration Act.

Statement made on 07 March 2025 at 3:28pm
CATCHWORDS
REFUGEE – protection visa – Pakistan – Federal Circuit Court remittal – race – Turi Pashtun – religion – Shia – particular social group – physical assault – fear of killing – death of family members – increase in sectarian attacks – state protection – decision under review remitted
LEGISLATION
Migration Act 1958, ss 5(1), 5H, 5J – 5LA, 36, 65, 499
Migration Regulations 1994, Schedule 2
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 369 of the Migration Act 1958 and replaced with generic information.
STATEMENT OF REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs on 17 December 2019 to refuse to grant the applicant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act). The delegate refused to grant the visa on the basis that the applicant is not a person in respect of whom Australia has protection obligations.
The applicant was represented in relation to the review.
After considering the materials before the Tribunal, the Tribunal determined that it was able to make a decision, without holding a hearing, being a decision wholly in favour of the applicant.
BACKGROUND
July 2013 – Arrival in Australia
The applicant arrived in Australia [in] July 2013 as an unauthorised maritime arrival. He was then detained at Christmas Island.
The applicant provided his Pakistani passport and national identity card to Australian government officials in connection with his arrival in Australia. The applicant’s passport and identity card records that he is a citizen of Pakistan. The applicant’s passport records that he was born in Kurram Agency, Pakistan.
On 7 September 2013, the applicant participated in an Unauthorised Maritime Arrival and Induction Interview conducted by a delegate of the Minister. The interview was conducted with the assistance of an interpreter in the Pashtun and English languages. During the interview the applicant stated that his ethnicity was Pashtun, his religion was Shia and his birth village and province was [Village 1], Parachinar.
On 20 November 2014, the applicant participated in an Irregular Maritime Arrival Entry Interview conducted by a delegate of the Minister. The interview was conducted with the assistance of an interpreter in the Pashtun and English languages. During the interview the applicant informed the delegate that he was married with [number] children and that his family lived in [Village 1], Parachinar.
December 2016 – Application for Safe Haven Enterprise Visa
On 22 September 2016, the applicant was invited to apply for a temporary protection visa or a safe haven enterprise visa.
On 23 December 2016, the applicant applied for a safe haven enterprise visa, with the assistance of a legal representative. In support of his application, the applicant filed a statutory declaration made on 30 November 2016 and also filed further identity documents.
In his statutory declaration the applicant stated relevant evidence, including the following:
a.The applicant’s race is Turi Pashtun.
b.The applicant’s religion is Shia Muslim.
c.The applicant is married and has [number] children.
d.The applicant was born in [Village 1 variant], Parachinar and his family owned a house and land in [Village 1 variant] and [Village 2]. [Village 1 variant] was a Shia village but was surrounded by Sunni villages.
e.In 1996 the applicant was shot by the Taliban whilst farming in [Village 2]. The applicant’s cousins were with him and were also shot. One of them died from their injuries.
f.In 2008 the applicant and his cousin were in Parachinar when a bomb exploded. The applicant’s cousin sustained serious injuries and died.
g.In 2011 the Taliban attacked [Village 2] and demolished the Shia houses.
h.In 2012 the Taliban and extremist groups grew stronger and there were many Shia killed.
i.The applicant fears returning to Pakistan as he fears he will be persecuted on the basis of his religion and ethnicity. The applicant considers that the extremist groups have networks throughout the country and he would be at risk anywhere as he is identifiable by his ID card and his accent.
The applicant provided a Pakistani police clearance certificate which records him as: ‘by birth a permanent bonafide resident of village [Village 1 variant], presently residing in Parachinar, Tehsil Upper Kurram, District Kurram Agency…’. The applicant provided a Pakistani marriage certificate which records him as: ‘Resident of village [Village 1 variant] Parachinar, Tehsil Upper Kurram, District Kurram Agency …’ The applicant also provided a copy of his birth certificate which records the same address details, and records his religion as Islam.
In September 2019 the applicant provided a medical report regarding himself dated 16 September 2019 by [Doctor A]. [Doctor A] stated: ‘The above mentioned person was assaulted with gunshot in 1996. There is a wound and scar of the injury in his low back.’
On 17 December 2019 the delegate refused the applicant’s protection visa application.
February 2020 – Review by the Immigration Assessment Authority
Following the delegate’s refusal, the matter was referred to the Immigration Assessment Authority (IAA) for review.
The applicant’s representative provided a written submission to the IAA stating that the applicant’s home area remained very dangerous and that the applicant would face a real risk of suffering harm throughout Pakistan.
In connection with the review, the applicant provided materials to the IAA, including the following:
a.A letter dated [in] October 2019 from [Community Organisation 1] which states, in part, as follows: ‘With due respect, it is submitted that Parachinar is an area settled by a majority Turi Bangash Shia population. For a long time, different terrorist organisations have tried to target it … Shia Turi Bangash are under grave threat from these terrorists. We, the tribal elders, informed the government of these dangers on many occasions … Our Shia Turi Bangash people outside of Parachinar face different security threats and difficulties such that no Shia Turi Bangash can move about freely … Shia Turi Bangash from Parachinar made their best effort to take up residence in other areas such as Islamabad, Rawalpindi, Lahore, Karachi which is the most difficult stage. Incidents have occurred that compelled people resident in other cities to return to Parachinar … Although the circumstances in Parachinar are terrible, Shia Turi Bangash still prefer to die in their native area.’
b.An undated letter from [a named political leader in] Parachinar. The letter, in part, states as follows: ‘Parachinar is geographically located 360 kilometres from Afghanistan's border. Therefore, from time to time, extremist groups carry out attacks here. Deprived of education, health and other basic services, the Turi Tribe live a miserable life in the twenty first century as well. The area has been under direct threats from ISIS in the last two months. Political and social workers have been receiving threatening calls. Leaving Parachinar and residing somewhere else has become an extremely risky option as ISIS’s presence has been felt in other cities including Lahore, as well. Almost every month, our students face various incidents in different cities.’
c.A letter dated 27 September 2019 from [a named] social activist and teacher, Parachinar. The letter, in part, states as follows: ‘Parachinar, especially the Turi Tribe, has been a target of terrorism for many decades now … The Turi Tribe is not safe in other parts of Pakistan either. For example, a student of Peshawar Agricultural University had left the hostel at night. The following day, his dead body was discovered.’
On 5 February 2020 the IAA affirmed the decision of the delegate.
October 2024 – Judgment of the Federal Circuit Court of Australia
Following the decision of the IAA, the applicant applied to the Federal Circuit Court of Australia (FCCA) for judicial review.
[In] October 2024 the FCCA set aside the decision of the IAA.
The FCCA issued an order requiring the matter be heard and determined by the Tribunal.[1]
[1] On 14 October 2024 the IAA was abolished when the Administrative Appeals Tribunal was replaced by the Administrative Review Tribunal.
Evidence and submissions provided to the Tribunal
On 7 February 2025, the applicant’s representative submitted that the matter be determined on the papers (on the basis of a favourable outcome for the applicant). The applicant’s representative submitted that the situation in Parachinar had deteriorated significantly in recent years and that it would not be reasonable for the applicant to relocate because of various factors personal to the applicant, including his health and lack of employment skills beyond Parachinar.
The applicant’s representative provided an article dated 22 November 2024 entitled: ‘At least 38 dead in gun attack on passenger vans in KP’s Kurram District: police’. The article described the attack as being against Shia vehicles who were travelling in convoy under police escort.
Country Information
The Tribunal had regard to the following information.
DFAT Country Information Report Pakistan January 2022
Corruption
2.28 Corruption, both petty and serious, is a major problem in Pakistan.[2]
[2] DFAT Country Information Report Pakistan January 2022 page 11
Security Situation
2.34 Following improvement over recent years, the security situation in Pakistan has deteriorated since mid-2021. Causes of insecurity include … religious extremism...
Domestic Jihadist groups
2.41 Various anti-Shi’a sectarian groups operate in Pakistan, among them Lashkar-e-Jhangvi (LeJ), a radical Sunni militant group that follows the Deobandi school of Islam. LeJ seeks to eradicate Shi’a influence from Pakistan. The group has carried out numerous deadly attacks on Shi’a communities … It is primarily active in Punjab province, the former FATA, Karachi and Balochistan.[3]
[3] DFAT Country Information Report Pakistan January 2022 page 15
Pashtuns
3.13 The Pashtuns are an ethnic group native to Afghanistan and northwest Pakistan. Pashtuns are stereotypically fair-skinned with light-coloured hair and eyes that distinguish them from other Pakistanis, although in reality Pashtuns are physically diverse.
3.17 Across Pakistan, ethnic stereotyping and the association of Pashtuns with the TTP has led to official discrimination and ethnic profiling. In February 2018, the Punjab government issued a notice asking ‘the population of Punjab to keep an eye out for suspicious individuals who look like Pashtuns or are from the former FATA, and to report any suspicious activity.’ In areas where they are a minority, low-level societal discrimination against Pashtuns is common in the form of slurs and ethnic stereotypes. Pashtuns report frequent blocking of their CNICs when relocating (see CNICs and SNICs), which impedes access to property and assets. There are credible reports Pashtuns have been targeted for enforced disappearances, especially in conflict-affected regions such as Khyber Pakhtunkhwa and Balochistan.
3.18 DFAT assesses Pashtuns in conflict-affected areas such as Khyber Pakhtunkhwa and Balochistan face a moderate risk of violence by state security forces, including enforced disappearance and extrajudicial killings. Elsewhere in Pakistan, Pashtuns generally face a low risk of official and/or societal discrimination and a similar risk of violence to other ethnic groups in the same locations, although the risk increases if they come to the attention of authorities for any reason. Pashtuns involved with the Pashtun Tahafuz Movement (PTM) or the Awami National Party (ANP) face specific, heightened risks, as do Shi’a Pashtuns (see Turis, Bangash). [4]
[4] DFAT Country Information Report Pakistan January 2022 pages 19 – 20
Religion
3.28 According to the 2017 national census, Muslims comprise 96.47 per cent of the population. Of this number, an estimated 80-90 per cent are Sunnis and 10-20 per cent are Shi’a.
3.31 Religious extremism and intolerance are on the rise in Pakistan. A record number of blasphemy cases were filed in 2020, and public and online hate speech has increased. While the number of sectarian attacks decreased from 2013-20, in line with an overall improvement in the security situation, violence has recently increased, and attacks on religious minorities, their places of worship and festivities continue. Multiple interlocutors told DFAT the government overlooked religious extremism to avoid antagonising powerful religious lobbies (such as the TLP). [5]
[5] DFAT Country Information Report Pakistan January 2022 page 22
Blasphemy
3.32 Blasphemy and other offences relating to religion are criminalised in Pakistan under Articles 295 and 298 of the Pakistan Penal Code (Act XLV of 1860). Article 295C outlaws the use of ‘derogatory remarks’ against the Holy Prophet. The punishment for blasphemy is death.
3.34 The Centre for Social Justice (CSJ) reported 200 blasphemy cases in 2020, an all-time high which has been widely linked to rising religious intolerance. Of these 35 were sentenced to death. Religious minorities are disproportionately affected: in 70 per cent of the cases the accused was Shi’a, 20 per cent Ahmadi and 3.5 per cent Christian. False accusations of blasphemy are used to settle personal disputes
3.35 The conviction rate for blasphemy in the lower courts is high, and judges are often under enormous public pressure to deliver a guilty verdict. A Pakistani legal expert told DFAT most blasphemy convictions were overturned by the higher courts, but an accused blasphemer was likely to spend years in prison even if the accusation was eventually found to be baseless. Judges and defence lawyers are often reluctant to take on blasphemy cases due to the personal security risks involved, resulting in appeals being delayed until a new bench is constituted.
3.36 Accused blasphemers are at risk of extrajudicial killing, before, during, and after being taken into custody.
3.37 DFAT assesses that people accused of blasphemy are at high risk of extrajudicial violence and the death penalty, and high risk of societal and official discrimination in the form of popular denunciation, unfair trials and inadequate state protection. The risks are especially acute for members of religious minorities, including Shi’a, Ahmadis, Christians and Hindus.[6]
[6] DFAT Country Information Report Pakistan January 2022 pages 22 – 23
Shi’a
3.55 Pakistan is home to the world’s second-largest Shi’a population (after Iran). An estimated 20-40 million Shi’a live throughout the country, constituting 10-20 per cent of the population. There are significant Shi’a communities in Karachi, Lahore, Rawalpindi and Islamabad. Shi’a are in the majority in the sparsely populated autonomous region of Gilgit-Baltistan but are a minority in Pakistan’s other regions.
3.60 Shi’a have historically been targeted by sectarian terrorist groups such as the TTP, LeJ and IS (see Security Situation). These groups have attacked Shi’a individuals, places of worship, shrines and religious schools, as well as Shi’a travelling to Iran or Iraq for religious pilgrimage. The frequency of these attacks has steadily declined since 2013. Terrorist attacks targeting Shi’a killed five and injured 14 in 2020 (not including attacks targeting Shi’a Hazaras, see Hazaras), compared with 32 deaths in 2019 and 471 deaths in 2013. This is a result of the overall improvement in the security situation in Pakistan, as well as increased security provided by the Pakistani police for Shi’a places of worship and processions. Nevertheless, sectarian terrorist groups retain the capacity and intent to carry out attacks against Shi’a anywhere in the country. At least three people were killed and 50 injured in the bombing of a Shi’a procession in Bahawalnagar, Punjab in August 2021.
3.61 DFAT assesses Shi’a in Pakistan face a moderate risk of sectarian violence, although the situation has improved considerably in recent years. Seventy per cent of blasphemy accusations, which carry the death penalty, are against Shi’a. They face a moderate risk of societal discrimination in the form of anti-Shi’a protests and community violence. Some Shi’a face specific, heightened risks (see Hazaras, Turis, Bangash). [7]
[7] DFAT Country Information Report Pakistan January 2022 pages 26 – 27
Turis
3.62 The Turis are a Shi’a Pashtun tribe of around 500,000 people. Most Turis live in and around Parachinar and Kurram Agency in the former FATA (now part of Khyber Pakhtunkhwa). Turis are not generally distinguishable from other Pashtuns by appearance, but are identifiable by tribal names, accents, and residence in known Turi areas.
3.63 Turis have faced significant violence due to their sectarian affiliation, opposition to the Taliban and other Sunni militant groups, and territorial disputes with other Pashtun tribes. Groups such as the TTP have targeted Turis for their Shi’a faith (see Shi’a). From 2009 to 2014, militants frequently stopped and killed Turis travelling on roads in and around Kurram Agency. A series of terrorist bombings targeting Turis in Parachinar killed 120 people in 2017.
3.64 The security situation has improved considerably in recent years, although local experts say the underlying triggers for conflict in Turi areas remain. DFAT is aware of at least two sectarian attacks in Turi areas in 2020: an IED blast in an imambargah (Shi’a place of worship) in the Shorko area of Lower Kurram in May, which killed one person; and a blast at Turi Bazaar in Parachinar in July, which killed one person and injured 14 others.
3.65 Security operations in the former FATA between 2014 and 2017 damaged schools, healthcare centres and other infrastructure. While some reconstruction has occurred, local experts say medical, education and other services in the tribal areas remain inadequate. Turis can and do relocate to other parts of Pakistan, but like other groups their ability to do so is heavily dependent on financial means, as well as having personal, family and tribal networks in the new location. Turis relocating to other parts of Pakistan would not be immediately distinguishable from other Pashtuns by non-Pashtun ethnic groups.
3.66 DFAT assesses that Turis face a similar risk of official and societal discrimination to other Pashtuns based on ethnicity (see Pashtuns). Turis in Kurram face a moderate risk of sectarian violence from militant groups because of their Shi’a faith. Turis in other parts of the country face a similar risk of violence to other non-Hazara Shi’a (see Shi’a).[8]
[8] DFAT Country Information Report Pakistan January 2022 page 27
State Protection
5.1 Pakistan’s formal legal framework provides for state protection of people’s property, lives, places of worship and religious beliefs. However, DFAT assesses that state protection in Pakistan is limited due to under-resourcing, corruption, socio-economic factors at the individual level, and lack of political will. Some groups are denied adequate state protection on discriminatory grounds. [9]
[9] DFAT Country Information Report Pakistan January 2022 page 40
Police and paramilitary
5.9 According to the International Crisis Group, the number of police in Pakistan increased from 220,000 to 430,000 over the decade to 2015. In 2018, the total police force was estimated at 530,000. Police capacity and effectiveness in Pakistan is limited by a lack of resources, poor training, insufficient and outmoded equipment, and competing pressures from superiors, political actors, security forces and the judiciary. The public perception of police is generally poor, although it has reportedly improved in recent years.[10]
[10] DFAT Country Information Report Pakistan January 2022 page 41
Judiciary
5.18 The judicial system is overburdened with a backlog of cases … Local and international observers report corruption in the judicial system, as well as intimidation of judges, particularly in religiously sensitive cases, such as those involving blasphemy. [11]
[11] DFAT Country Information Report Pakistan January 2022 page 42
Internal relocation
5.23 Internal migration is widespread and common, but it depends on having both the financial means and family, tribal and/or ethnic networks to establish oneself in a new location.
5.24 Large urban centres such as Karachi, Islamabad and Lahore have ethnically and religiously diverse populations, and offer some anonymity for people fleeing violence by non-state actors (see relevant sections). Some groups, such as Pashtuns, occupy enclaves in these cities, while others, such as Ahmadis and Hazaras, avoid living in enclaves to reduce the risk of being targeted … DFAT assesses that groups facing official discrimination (see relevant sections) will face discrimination in all parts of the country.[12]
[12] DFAT Country Information Report Pakistan January 2022 page 43
UK Home Office Country Policy and Information Note Pakistan: Shia Muslims July 2021
Although there have been sporadic targeted attacks against Shia Muslims, relative to the size of the Shia population in Pakistan, they are, in general, unlikely to be subject to treatment or discrimination by non-state actors that is sufficiently serious by its nature or repetition to amount to persecution.[13]
[13] UK Home Office Country Policy and Information Note Pakistan: Shia Muslims July 2021 page 9
AUSTRALIAN INSTITUTE OF INTERNATIONAL AFFAIRS: ‘ELUSIVE PEACE: WHAT EXPLAINS THE ONGOING CONFLICTS IN PARACHINAR, PAKISTAN’ 24 AUGUST 2023
Sectarian violence in the border town of Parachinar in Pakistan has been a long term problem.
Due to their sectarian affiliation, opposition to the Taliban and other Sunni militant groups, and territorial disputes with other Pashtun tribes, Turis have faced targeted violence and attacks. Groups such as the Tehreek-e-Taliban-e-Pakistan have targeted Turis for their Shia faith.
Recent violence in the region
The relative peace that ensued deteriorated in January 2017, when at least 25 people died and 87 were injured in a bombing targeting Parachinar market. Most recently, a string of sectarian conflicts ignited following the killing of six Shia men and one Sunni man on 4 May 2023, in Tari Mangal, a village situated a few kilometres away from the Pakistan-Afghan border.
This was followed by clashes on 7 July over four days, leading to the imposing of Section 144 curfew in the region. The clashes broke out with the exchange of fire between the inhabitants of Dandar Sehra and Boshehra over the construction for the disputed Shamlat or shared land at Dandar Sehra, upper Kurram.
While ceasefire agreements following recent clashes in the region failed miserably, the minority Shia community in Pakistan accuses Prime Minister Shehbaz Sharif of imposing Sunni majoritarianism by failing to provide security in Pakistan’s restive tribal districts and not helping the besieged Shias. [14]
[14] Elusive Peace: What Explains the Ongoing conflicts in Parachinar, Pakistan - Australian Institute of International Affairs
Freedom House: Freedom in the World 2024 Pakistan
Constitutional religious freedom guarantees have not provided effective safeguards against discriminatory legislation, social prejudice, and sectarian violence. Shiite Muslims, Christians, and members of other religious minority groups can face blasphemy accusations that arise from trivial disputes and escalate to criminal prosecution and mob violence.
Islamist militants have conducted terrorist campaigns against the state and regularly carry out attacks on members of religious minority groups and other perceived opponents.
Police have long been accused of biased or arbitrary handling of initial criminal complaints. [15]
[15] Pakistan: Freedom in the World 2024 Country Report | Freedom House
United States Department of State Office of International Religious Freedom International Religious Freedom Report for 2023
According to media reports, police at times killed or physically abused members of religious minorities or failed to protect individuals from violence linked to religion. Frequently, police accused of abuses were lightly sanctioned or not punished at all.[16]
[16] International Religious Freedom Report for 2023 United States Department of State, Office of International Religious Freedom page 1
United States Department of State Bureau of Democracy, Human Rights, and Labor Country Reports on Human Rights Practices for 2023
Societal violence due to religious intolerance remained a serious problem. There were occasional reports of mob violence against religious minorities, including Christians, Ahmadi Muslims, and Hindus. Shia activists reported continuing instances of targeted killings and enforced disappearances in scattered parts of the country.[17]
[17] Country Reports on Human Rights Practices for 2023 United States Department of State • Bureau of Democracy, Human Rights, and Labor page 90
United States Commission on International Religious Freedom 2024 Annual Report
In 2023, religious freedom conditions in Pakistan continued to deteriorate. Religious minorities were targeted for their beliefs, including accusations of blasphemy, and were subject to mob violence, lynchings, and forced conversions.[18]
[18] United States Commission on International Religious Freedom 2024 Annual Report page 40
The Hague General Country of Origin Information Report on Pakistan July 2024
The ability to move to another area to evade threats from fanatical Islamist groups (e.g. the TLP) and armed groups (e.g. the TTP) depends on a person’s individual circumstances.
For many Pakistanis, moving to another part of the country would not be a viable option, due to restrictions imposed by real estate, extended family ties, agricultural land ownership and other factors. It would be harder for them to find a job in a new place, as these jobs are usually given away to relatives (close or distant) or acquaintances. For those without a good education or sufficient financial resources, it is difficult to move. It is also easier for people to move to places where they fit within the ethnic group.
Another source argues that the likelihood of being threatened for being Shiite varies by region. For example, in KP, they are persecuted by the TTP and in Punjab, by the Sipah-e-Sahaba (SSP). Moving thus results in a different situation.[19]
[19] The Hague General Country of Origin Information Report on Pakistan July 2024 pages 49 – 50
Eurasia Review ‘Pakistan: Targeting Shias – Analysis’ 19 September 2023
On September 7, 2023, at least 11 people were injured in an attack at Shaheed Chowk in the Khipro town of Sanghar District in Sindh, in a Shia mourning procession.
On July 8, 2023, at least five people were killed and 21 suffered injuries in an attack on Shias in the Boshera village in the Kurram District of Khyber Pakhtunkhwa (KP).
On May 4, 2023, assailants entered a school staffroom in a Kurram District school, where students were taking exams, and selectively killed seven Shia teachers.
Over the decades, the Shias of Pakistan have been narrowly targeted and ruthlessly killed in armed attacks and by suicide bombers. They have been killed inside their mosques and shopping markets, while on pilgrimage to Iran and even at funerals. Shia have also been subjected to numerous forms of hate speech and acts, most commonly as campaigns in mosques, schools, public spaces and increasingly on social media. More dangerously, hashtags pronouncing Shias as blasphemers and infidels often trend on social media.
Significantly, on January 17, 2023, the National Assembly, the lower house of Pakistan’s federal Parliament, unanimously passed an amendment to Pakistan’s blasphemy law … On August 16, 2023, scholars, and political leaders within the Shia community warned that the blasphemy laws were being used to marginalize the Shia community and curtail their ceremonies, particularly during the mourning months of Muharram and Safar, under false charges of blasphemy.
Pakistan’s Government appears increasingly to be falling into the trap of fundamentalists and religious fanatics, instead of safeguarding the rights of all its people, and particularly the minorities, including minority Muslim sects, who have been systematically targeted in campaigns of hate and violence. It is clear that minority religious communities cannot live their lives free from threat or fear of assault in the Pakistan of today, even as their persecution is increasingly institutionalized, particularly with the further hardening of blasphemy laws.
Asia News Network ‘Roots of Kurram’s Cycles of Bloodshed’ 2 December 2024
When I arrived in Kurram in early September, the valley seemed deceptively calm — a brief lull following a brutal week-long violence in late July between the two communities that had killed 50 people and injured hundreds of others. Though the region seemed to be breathing easily again, the echoes of recent rocket fire and gunshots haunted the air.
“It’s just a lull. Peace never lasts here,” a trader told me in Parachinar, the Shia-majority town at Kurram’s heart. Like nearly everyone I met, he knew the calm was temporary.
The signs of the conflict’s return were everywhere. On my drive back, I witnessed firsthand how quickly Kurram’s uneasy calm could unravel. WhatsApp messages buzzed across phones, warning Shia residents to avoid the Thal-Parachinar road, the main highway that connects Parachinar with the rest of the country, now blockaded by Sunni tribes near Sadda — a Sunni-majority town — due to fears of potential attacks.
Then, on September 21, Kurram’s deceptive peace shattered. Gunfire and rocket attacks rang out, killing 45 people and injuring dozens more. By October 12, another wave of violence erupted, after a vehicle carrying passengers came under attack, killing 16 people.
The Turi, notable as the only Pashtun tribe that is almost wholly Shia, is the largest tribal group in Kurram. The Bangash tribe, meanwhile, is divided between Sunni and Shia affiliations. Other tribes in the region, including the Muqbal, Parachamkani, Mangal and Mosazai, are primarily Sunni.
Kurram, designated as a district following the 2018 merger of former tribal areas into the mainstream administrative framework, is divided into three regions: Upper Kurram, Lower Kurram and Central Kurram. Upper Kurram, where Parachinar — the district’s main town — is located, is predominantly inhabited by the Shia-majority Turi tribe, with some Sunni villages nearby. Lower Kurram, centered around Sadda, has a Sunni-majority population, though it also includes a significant Shia population in Alizai. Central Kurram, which was incorporated into the district in more recent years, is overwhelmingly Sunni, except for one small Shia village.
Experts and local elders point to deeper issues underlying the disputes, particularly the complexities of land ownership in the region. Since the Taliban took control of Afghanistan in 2021, the scale and violence of land disputes in Kurram have intensified, fuelled by the influx of advanced American weapons left behind by retreating Afghan forces.
As Tahmeed Jan, an Islamabad-based researcher on inter-sect harmony, points out, sectarian tensions in Kurram rank among the most severe in Pakistan. [20]
[20] The roots of Kurram’s cycles of bloodshed - Asia News Network Asia News Network
Pakistan Center for Research and Security Studies ‘2024 marks deadliest year for Pakistan’s security forces, record high fatalities in a decade’ 30 December 2024
Overall Toll
In 2024, Pakistan suffered 2546 violence-linked fatalities and 2267 injuries among civilians, security personnel, and outlaws. This tally of casualties stemmed from 1166 incidents of terror attacks and counter-terror operations, marking a grim year for country’s security landscape.
Comparison with 2023
Compared to last year, these figures mark, i) an over 66% surge in violence (2546 vs 1533 fatalities), ii) over 55% more injuries (2267 vs 1462), and iii) around 49% more incidents (1166 vs 784).
Sectarian Violence
Sectarian violence in 2024 claimed 182 lives and left 234 people injured. The majority of the victims were Shias, with 79 killed and 35 injured, followed by Sunnis, who suffered 21 fatalities and 72 injuries. Incidents involving both Shia and Sunni communities resulted in 79 deaths and 117 injuries. Additionally, the violence claimed the lives of 2 Ahmadis and 1 Christian.
Historical data on sectarian violence against Shia and Sunni communities reveals a deeply troubling trend, where between 2015 and 2020, sectarian violence claimed 467 lives. Alarmingly, this figure rose to 487 in the subsequent four years (2021–2024), underscoring the escalating nature of this threat and its growing impact on Pakistan’s security landscape.[21]
CONSIDERATION OF CLAIMS AND EVIDENCE
[21] 2024 MARKS DEADLIEST YEAR FOR PAKISTAN’S SECURITY FORCES, RECORD HIGH FATALITIES IN A DECADE | CRSS
Criteria for protection visa

The criteria for a protection visa are set out in s 36 of the Act and Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). An applicant for the visa must meet one of the alternative criteria in s 36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.
A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country: s 5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s 5H(1)(b).
Under s 5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a person will be taken not to have such a fear are set out in ss 5J(2)-(6) and ss 5K-LA, which are extracted in the attachment to this decision.
If a person is found not to meet the refugee criterion in s 36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s 36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss 36(2A) and (2B), which are extracted in the attachment to this decision.
Mandatory considerations
In accordance with Ministerial Direction No.84, made under s 499 of the Act, the Tribunal has taken account of the ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’ prepared by the Department of Home Affairs, and country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.
REASONS AND FINDINGS
The issue in this case is whether the applicant is a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
For the following reasons, the Tribunal has concluded that the decision under review should be remitted for reconsideration.
The applicant travelled to Australia as an unauthorised maritime arrival. The applicant provided a copy of his Pakistani passport and other identity documents to Australian government officials when he arrived in Australia. The applicant has subsequently produced other identification reflecting that he is a citizen of Pakistan. The Tribunal has considered these documents and is satisfied that the applicant is a national of Pakistan and has assessed his claims against Pakistan as his country of nationality and the receiving country.
The applicant’s evidence as per his statutory declaration made on 30 November 2016 is that his race is Turi Pashtun. Since his arrival in Australia, the applicant has participated in multiple Departmental interviews with the assistance of a Pashtun interpreter. The applicant’s identity documents record that he is from [Village 1 variant], Parachinar, Tehsil, Upper Kurram, Kurram Agency. The applicant’s evidence as to his ethnicity and tribe are consistent with country information that the Turi population are resident around Parachinar and Kurram Agency. I accept the applicant’s evidence and am satisfied that the applicant’s ethnicity is Pashtun and that the applicant is a member of the Turi tribe.
The applicant’s evidence as per his statutory declaration made on 30 November 2016 is that his religion is Shia Muslim. The applicant’s birth certificate records his religion as Islam. I am satisfied that the applicant is a Shia Muslim as I accept the country information that the Turi tribe are a Shia tribe.
I am satisfied that if the applicant returned to Pakistan he would return to [Village 1 variant], Parachinar, Kurram Agency as this is where his family live and where the applicant lived prior to his travel to Australia.
Based on the available country information I accept the following.
Shia Muslims are a minority religious group in Pakistan, with the majority of Pakistani citizens identifying as Sunni Muslims. Conflict between Shia Muslims and Sunni Muslims in Pakistan is longstanding and entrenched. There was a decrease in sectarian attacks between approximately 2013 – 2020, in line with an improvement in the security situation. Violence and attacks on religious minorities have however, increased over the last few years. Shia Muslims face attack from a variety of groups, including TTP, LeJ and IS. Sectarian groups have the ability to carry out attacks against Shia Muslims anywhere in Pakistan. Blasphemy laws have recently been strengthened in Pakistan. 70% of blasphemy cases are against Shia Muslims. People accused of blasphemy can face criminal prosecution and mob violence. If convicted, penalties can include the death penalty.
Shia Turis are a tribe of Pashtun ethnicity. Most Turis live around Parachinar and Kurram Agency. They have faced significant violence, often targeted due to their Shia faith. In January 2022 DFAT assessed that Turis in Kurram Agency face a moderate risk of sectarian violence from militant groups because of their Shia faith. Since the release of the DFAT report, there have been further and ongoing attacks against Shia Muslims in the Kurram Agency.
If the applicant returned to [Village 1 variant], Parachinar, Kurram Agency in the reasonably foreseeable future, I am satisfied he would face a substantial chance of being harmed. I make this finding based on the applicant’s ethnicity and religious beliefs, and on the country information available to the Tribunal which demonstrates ongoing persecution of Turi Shia Muslims in the area. I am satisfied the applicant would face a real chance of harm if he returned to [Village 1 variant], Parachinar, Kurram Agency in the reasonably foreseeable future.
Based on the applicant’s evidence and on the country information, I am satisfied that the applicant would be at risk of physical ill-treatment and a threat to his life of liberty if he returned to [Village 1 variant], Parachinar, Kurram Agency. I am satisfied the persecution would amount to serious harm.
Based on the country information and on the applicant’s evidence I am satisfied that the harm the applicant would face would be due to his religion, being Shia Muslim, and due to his race, being Pashtun Turi. I am satisfied that these are the essential and significant reasons for the persecution. I am satisfied that the persecution would be systematic and discriminatory in nature. The harm directed at the applicant would be deliberate and would be directed at the applicant due to his race and religion.
I have considered whether the real chance of harm would relate to all areas of Pakistan.
In July 2021, the UK Home Office considered that although there were sporadic targeted attacks against Shia Muslims, relative to the size and population of the Shia population, they would not amount to persecution.
In January 2022, DFAT considered that Shia Muslims in Pakistan faced a moderate risk of sectarian violence. DFAT used the term ‘moderate risk’ to mean ‘an awareness of sufficient incidents to suggest a pattern of behaviour’. DFAT considered that Turi Shia face heightened risks.
In September 2023, the Eurasia Review stated that ‘…minority Muslim sects, who been systematically targeted in campaigns of hate and violence. It is clear that minority religious communities cannot lives their lives free from threat or fear of assault in Pakistan even as their persecution is increasingly institutionalized, particularly with the further hardening of blasphemy laws’.
In December 2024, the Pakistan Center for Research and Security Studies noted a concerning trend of escalating violence between Shia and Sunni Muslims in Pakistan.
I am satisfied that persecution against Shia Muslims has increased over the last few years and that the applicant as a Turi Shia Muslim faces a heightened risk. On the evidence available to the Tribunal, I am satisfied that for the applicant, as a Pashtun Turi Shia Muslim, the real chance of harm relates to all areas of the country.
I am not satisfied that there are effective protection measures available to the applicant in Pakistan. Based on the country information I accept that although Pakistan’s legal framework provides for state protection, the system is considered to be under-resourced and corrupt. I accept that the police capacity and effectiveness is limited. I accept that the judicial system is overburdened and subject to corruption, and judges subject to intimidation, particularly in religiously sensitive cases. I am not satisfied that the state is able to offer protection against persecution.
I am satisfied that the applicant could not take reasonable steps to modify his behaviour as to do so would be a modification that would require him to conceal his ethnicity and alter his religious beliefs.
There is no evidence before the Tribunal to indicate that the applicant has a right to enter and reside in any other country such that Australia would be taken not to have protection obligations.
I am satisfied that the applicant is a national of Pakistan, is outside of his country of nationality, and owing to a well-founded fear of persecution is unable to avail himself of the protection of that country. I am satisfied that the applicant is a refugee.
Conclusion
For the reasons given above, the Tribunal is satisfied that the applicant is a person in respect of whom Australia has protection obligations under s 36(2)(a).
DECISION
The Tribunal sets aside and remits the application for a protection visa for reconsideration, in accordance with the order that the applicant satisfies s 36(2)(a) of the Migration Act.
ATTACHMENT - Extract from Migration Act 1958
5 (1) Interpretation
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cruel or inhuman treatment or punishment means an act or omission by which:
(a)     severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
(b)     pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
(c)     that is not inconsistent with Article 7 of the Covenant; or
(d)     arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
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degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:
(a)     that is not inconsistent with Article 7 of the Covenant; or
(b)     that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
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torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a)     for the purpose of obtaining from the person or from a third person information or a confession; or
(b)     for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
(c)     for the purpose of intimidating or coercing the person or a third person; or
(d)     for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e)     for any reason based on discrimination that is inconsistent with the Articles of the Covenant;
but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
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receiving country, in relation to a non-citizen, means:
(a)     a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or
(b)     if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.
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5H    Meaning of refugee
(1)For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person is:
(a)     in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b)     in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.
Note:     For the meaning of well-founded fear of persecution, see section 5J.
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5J     Meaning of well-founded fear of persecution
(1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:
(a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
(b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and
(c)     the real chance of persecution relates to all areas of a receiving country.
Note:     For membership of a particular social group, see sections 5K and 5L.
(2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Note:     For effective protection measures, see section 5LA.
(3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:
(a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or
(b)     conceal an innate or immutable characteristic of the person; or
(c)     without limiting paragraph (a) or (b), require the person to do any of the following:
(i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;
(ii)conceal his or her true race, ethnicity, nationality or country of origin;
(iii)alter his or her political beliefs or conceal his or her true political beliefs;
(iv)conceal a physical, psychological or intellectual disability;
(v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;
(vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.
(4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):
(a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and
(b)     the persecution must involve serious harm to the person; and
(c)     the persecution must involve systematic and discriminatory conduct.
(5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
(a)     a threat to the person’s life or liberty;
(b)     significant physical harassment of the person;
(c)     significant physical ill‑treatment of the person;
(d)     significant economic hardship that threatens the person’s capacity to subsist;
(e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;
(f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.
(6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.
5K    Membership of a particular social group consisting of family
For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:
(a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and
(b)     disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;
where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note:     Section 5G may be relevant for determining family relationships for the purposes of this section.
5L    Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)     a characteristic is shared by each member of the group; and
(b)     the person shares, or is perceived as sharing, the characteristic; and
(c)     any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and
(d)     the characteristic is not a fear of persecution.
5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a)     protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and
(b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)     the person can access the protection; and
(b)     the protection is durable; and
(c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
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36     Protection visas – criteria provided for by this Act
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(2)A criterion for a protection visa is that the applicant for the visa is:
(a)     a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or
(c)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.
(2A)A non‑citizen will suffer significant harm if:
(a)     the non‑citizen will be arbitrarily deprived of his or her life; or
(b)     the death penalty will be carried out on the non‑citizen; or
(c)     the non‑citizen will be subjected to torture; or
(d)     the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)     the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)     it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)     the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
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