1419835 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant a protection visa. The applicant, who had deserted a ship in Australia in 2011, sought review before the Tribunal. The core dispute revolved around whether the applicant had a well-founded fear of persecution in Bangladesh for one of the five prescribed reasons under the Refugees Convention, or alternatively, whether there was a real risk of significant harm upon removal to Bangladesh.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958. Specifically, the issues were whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there were substantial grounds to believe that removal would result in a real risk of significant harm. The Tribunal also considered the applicant's claims regarding his religious beliefs as an adherent of a Sufi sect, Maizbhandari, and his assertions of potential discrimination and harassment if returned to Bangladesh.

The Senior Member, Giles Short, found that the applicant had not satisfied the criteria for a protection visa. The applicant's account of his residence and employment history in Bangladesh contained inconsistencies, leading to credibility issues. The Tribunal was not satisfied that the applicant had a well-founded fear of persecution for any of the Convention reasons, nor that there was a real risk of significant harm upon removal. Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visa.