1511811 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse to grant protection visas to four applicants. The primary applicant claimed to be a member and supporter of the Bangladesh Nationalist Party (BNP) and feared harm from the Awami League due to his political opinion. He alleged that his activities as a local official for the BNP, which involved assisting constituents and liaising with authorities, made him a target for abduction and extortion. The other three applicants were related to the primary applicant. The decision under review was made by Ms Christine Long of the Tribunal.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa, specifically under section 36(2)(a) (the refugee criterion) and section 36(2)(aa) (the complementary protection criterion) of the *Migration Act 1958* (Cth). This involved assessing whether there were substantial grounds for believing that any of the applicants would, as a necessary and foreseeable consequence of removal to Bangladesh, face a real risk of suffering significant harm. The Tribunal was also required to consider relevant country information and guidelines, including Ministerial Direction No. 56.

The Tribunal accepted that country information indicated instances of kidnappings and extortion in Bangladesh, including against individuals with BNP affiliations. However, it found that the primary applicant's activities were relatively low-profile and that he was an ordinary member and supporter rather than a prominent figure. Consequently, the Tribunal was not satisfied that there was a real chance or real risk that the primary applicant would be targeted for, or face, serious or significant harm in Bangladesh due to his political opinion or activities. Similarly, the Tribunal found no real chance of harm for the other three applicants, either in their own right or due to their association with the primary applicant.

The Tribunal concluded that none of the applicants satisfied the criteria for a protection visa under section 36(2)(a) or (aa). As a result, the Tribunal affirmed the delegate's decision to refuse to grant the protection visas.