1421124 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution or harm, and whether he met the criteria for a protection visa under the Migration Act 1958 (Cth). The matter was before the Administrative Appeals Tribunal.

The Tribunal was required to determine the applicant's credibility regarding his claims of involvement with the Jamaat-e-Islami (JeI) party and the alleged persecution by the Awami League (AL). Specifically, the Tribunal had to assess whether the applicant had a well-founded fear of persecution for a Convention reason, or whether he met the criteria for complementary protection. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal considered the applicant's statement, oral evidence, and submissions, as well as Department of Immigration guidelines and a DFAT country report. The applicant claimed he assisted his brother, a JeI office bearer, with party activities and that he was therefore at risk of harm from the AL, which had demanded a donation from his brother. However, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, finding that he did not establish a well-founded fear of persecution. The Tribunal affirmed the delegate's decision.