1516321 (Refugee)

The Administrative Appeals Tribunal considered an application for protection visas by individuals from Bangladesh. The applicants claimed they held genuine fears of harm based on their religion as Hindus and their political affiliation with the BNP, alleging threats from the Awami League and a small businessman. The Tribunal was required to determine whether the applicants met the criteria for a protection visa, specifically whether they satisfied the complementary protection criterion under section 36(2)(aa) of the Migration Act 1958 (Cth), and consequently, whether they met the criteria under sections 36(2)(b) or (c).

The Tribunal's reasoning focused on the credibility of the applicants' claims. After reviewing the evidence, the Tribunal was not satisfied that the applicants had established a well-founded fear of persecution or harm. The Tribunal found that the applicants did not meet the requirements for a protection visa, including the complementary protection criterion. Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visas.