1621944 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The applicant, a national of Bangladesh, claimed to have a well-founded fear of persecution due to his past involvement with the Bangladesh Nationalist Party (BNP) and its student wing, Chhatra Shibir, and his family's perceived wealth, which allegedly led to threats and physical harm from members of the rival Awami League (AL). The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of political opinion, or a real risk of significant harm, if returned to Bangladesh.

The court considered the applicant's evidence regarding his family's support for the BNP, his own involvement in Chhatra Shibir, and an incident where he was attacked and injured by AL supporters. It also examined country information detailing the political landscape in Bangladesh, the rivalry between the BNP and AL, and reports of political violence and repression. The court applied the principles of assessing credibility in asylum claims, acknowledging the difficulties faced by applicants and the need for a fair and reasonable approach. It also considered the relevant legislative criteria for refugee and complementary protection, including the 'real chance' or 'real risk' threshold for harm.

The Tribunal accepted that the applicant and his family supported the BNP and that he had been involved in student politics. It also accepted that he was attacked by AL supporters and sustained injuries. However, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or a real risk of significant harm. This was based on findings that his political involvement was of a low profile and occurred some time ago, and that he had not engaged in political activities since leaving Bangladesh. The Tribunal also noted that his family members remaining in Bangladesh had not suffered harm, suggesting the risk, if any, was localised and not pervasive throughout the country. The Tribunal affirmed the decision not to grant the applicant a protection visa.