1610755 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse to grant a protection visa. The applicant's claim for protection was based on an imputed political opinion, stemming from a family member's alleged involvement with the BNP and their social media activity, as well as attendance at protests. The applicant asserted a genuine fear of harm should they be returned to Bangladesh.

The primary legal issue before the court was whether the applicant satisfied the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). Specifically, the court considered whether the applicant could establish a well-founded fear of persecution based on an imputed political opinion held by a family member, and whether the applicant's own actions, including working in another country and making trips to Bangladesh, impacted their credibility.

The court affirmed the Tribunal's decision, finding that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth). The court noted that there was no suggestion that the applicant met the requirements for being a member of the same family unit as a person who already held a protection visa under section 36(2)(a) or (aa). Consequently, the Tribunal's decision not to grant the applicant a protection visa was affirmed.