1415149 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Bangladesh. The applicant claimed he feared persecution upon return to Bangladesh due to imputed political opinion, specifically harassment and threats from individuals associated with the Bangladesh Awami League (AL) party. He alleged these individuals demanded money and threatened him with death when he refused to comply. He also stated that the authorities would not provide protection as the AL was the governing party.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the applicant's claims of persecution and the likelihood of him suffering serious harm if returned to Bangladesh, considering relevant policy guidelines and country information. The Tribunal also had to consider inconsistencies in the applicant's evidence, including a new claim that the harassing group comprised members of both the AL and the Bangladesh National Party (BNP).

The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the Act. While the applicant provided documentary evidence of his birth and character, the Tribunal noted inconsistencies between his written claims and his oral evidence during the interview. Crucially, the Tribunal determined that there was no suggestion the applicant satisfied section 36(2) based on being a member of the same family unit as a person who held a Protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.