1618712 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to an applicant from Bangladesh. The applicant claimed to be a member of the Bangladesh Nationalist Party (BNP) and alleged harassment by members of the Awami League, asserting a well-founded fear of persecution based on political opinion. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth).

The Tribunal's reasoning focused on significant credibility issues arising from inconsistencies in the applicant's evidence. The Tribunal also considered the substantial delay in both the applicant's departure from Bangladesh and their subsequent application for protection in Australia. These factors led the Tribunal to conclude that the applicant had not established a well-founded fear of persecution.

Consequently, the Tribunal was not satisfied that the applicant met the refugee criterion under section 36(2)(a) or the alternative criterion under section 36(2)(aa). As there was no claim based on family membership, the applicant failed to satisfy the overall criterion in section 36(2). The Tribunal therefore affirmed the decision not to grant the applicant a protection visa.