1502160 (Refugee)

This matter concerned an application for a protection visa by an individual who claimed to have fled Bangladesh due to persecution. The applicant alleged that members of the ruling Awami League party had threatened him with violence and extortion due to his membership in the opposition Bangladesh Nationalist Party. The dispute before the Tribunal was whether the applicant met the criteria for a protection visa under Australian law, specifically whether he had a well-founded fear of persecution for a Convention reason or a real risk of significant harm if returned to Bangladesh.

The legal issues before the Tribunal were twofold: first, whether the applicant qualified as a refugee under Article 1A(2) of the 1951 Convention relating to the Status of Refugees, as incorporated into section 36(2)(a) of the Migration Act 1958 (Cth), due to a well-founded fear of persecution for reasons of political opinion. Second, if he did not meet the refugee criterion, whether he met the complementary protection criterion under section 36(2)(aa) of the Act, which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal found that the applicant had a well-founded fear of persecution for a Convention reason if he returned to Bangladesh. This conclusion was based on the applicant's detailed account of his political activities with the BNP, including attending meetings and rallies, and the subsequent threats and assaults he and his relatives faced from members of the Awami League. The Tribunal accepted that the police were linked to the ruling party and therefore unlikely to offer protection. Consequently, the Tribunal determined that the applicant satisfied the criterion set out in section 36(2)(a) of the Migration Act.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the Migration Act.