Bus19 v Minister for Immigration

The applicant, who sought a Protection visa, appealed a decision of the Administrative Appeals Tribunal (AAT) to the Federal Circuit Court. The applicant had claimed he was at risk of harm in Pakistan due to his divorce and his Shi'a Muslim faith, citing threats from his ex-wife's family and the extremist group Sipah-e-Sahaba (SSP). The delegate of the Minister had refused the visa, a decision affirmed by the AAT. The applicant's representative had provided further documentation to the AAT, including an amended statement and a Shi'a membership letter, before the hearing.

The primary legal issues before the court were whether the AAT's decision was affected by a certificate issued under section 438 of the *Migration Act 1958* (Cth), and whether the applicant had raised an arguable case for the relief claimed, as required for a show cause hearing under rule 44.12 of the *Federal Circuit Court Rules 2001* (Cth). The AAT had noted the existence of a non-disclosure certificate concerning an internal Department checklist relating to the applicant's identity, but found it to be invalid and that the applicant's identity was not in question.

Emmett J found that the applicant had not raised an arguable case for the relief claimed. The AAT had carefully considered the applicant's claims, including his assertions about threats from his ex-wife's family and the SSP, and the broader context of sectarian violence in Pakistan. The Tribunal found the applicant's evidence to be inconsistent and implausible, leading it to conclude that he was not a witness of truth. The AAT gave no weight to certain documents, including a purported letter to the police, due to the applicant's unreliability. Ultimately, the AAT was not satisfied that the applicant faced a real chance of persecution or a real risk of significant harm if returned to Pakistan, and therefore affirmed the decision to refuse the visa. The court dismissed the application.