1601678 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by an individual from Bangladesh. The applicant claimed he feared harm from the Awami League due to his past involvement with the Bangladesh Nationalist Party (BNP). The Tribunal was tasked with determining whether the applicant met the criteria for a protection visa, specifically considering his claims of past political activities and subsequent fear of persecution.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution based on his political opinion, as required by section 36(2)(a) of the *Migration Act 1958* (Cth). The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there are substantial grounds for believing that removal would result in a real risk of significant harm. In making its determination, the Tribunal was required to assess the applicant's credibility, taking into account his evidence provided to the Department and the Tribunal, as well as relevant country information and policy guidelines.

The Tribunal found significant credibility concerns regarding the applicant's account. These concerns were amplified by the applicant's willingness to return to Bangladesh in April 2015, which appeared inconsistent with his stated fear of harm. The Tribunal noted that while the applicant claimed to have been involved in BNP activities since university and had suffered attacks from the Awami League in 2010 and 2011, leading him to leave Bangladesh in 2012, his subsequent actions raised doubts about the genuineness of his fear. The Tribunal concluded that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth).

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a protection visa.