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Tribunal: Member R Smidt

The Administrative Appeals Tribunal (AAT) affirmed a decision not to grant the applicant a protection visa. It was not satisfied that he would face a real chance of serious harm on return to his home country.

The applicant, who claimed to be a citizen of Pakistan, was denied a protection visa by a delegate for the Minister for Immigration and Border Protection (the Department). They found that most of his claims lacked credibility and were not satisfied he was a genuine refugee or that he would face a real risk of significant harm if returned to Pakistan.

When reviewing the decision, the AAT heard from the applicant that he is a Sunni Muslim who arrived in Australia in 2012 on a student visa. He claimed he feared being killed by the Taliban if returned to Pakistan because he had resisted an attempt to recruit him. He also claimed that his cousin was killed in July 2016 because the Taliban mistakenly believed he was the applicant.

The Tribunal reviewed country information and was not was not convinced that the Taliban would attempt to recruit a young man who had never expressed any sympathy with their ideals by transporting him a long distance to their headquarters and inviting him to join the group. The Tribunal also did not accept that the Taliban would have any interest in pursuing and harming him four years after he had left the country.

After considering the evidence, the AAT was not satisfied the applicant was a genuine refugee and owed protection by Australia. The Tribunal was not satisfied he was entitled to complementary protection.

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