1509839 (Refugee)

The applicant, a Bangladeshi Buddhist, sought a Protection visa. He claimed to have faced persecution in Bangladesh due to his religious affiliation and his family's charitable activities, specifically a land dispute with a Muslim neighbour. The dispute escalated, involving violence, damage to property including Buddhist statues, and threats against his family. The applicant alleged that local police were unable or unwilling to provide protection.

The legal issues before the court were whether the applicant had established a well-founded fear of persecution for a Convention reason, namely his religion or membership of a particular social group, and whether he would be at real risk of significant harm if returned to Bangladesh. The court was required to consider the applicant's claims in light of relevant policy guidelines and country information.

The court considered the applicant's evidence regarding the land dispute, the alleged violence and threats, and the destruction of his property. It noted inconsistencies in the applicant's evidence, particularly concerning the timeline of events and the extent of his injuries. The court found that the applicant had not demonstrated that the events were motivated by his religion or that he would be targeted as a member of a particular social group. The court concluded that the applicant had not satisfied the criteria for a Protection visa under section 36(2) of the Act.

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