1704927 (Refugee)

This matter concerned an application for a protection visa by an individual who claimed to be a supporter of the Bangladesh Nationalist Party and to have received death threats and experienced kidnapping and beatings from supporters of the Awami League. The applicant alleged that the police refused to take a complaint against an Awami League worker because it was against the government party. The Administrative Appeals Tribunal was required to determine the credibility of the applicant and whether, on accepted claims, the criteria for a protection visa were fulfilled.

The Tribunal considered the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including the definitions of "refugee" and "well-founded fear of persecution," as well as the criteria for complementary protection. The Tribunal also took into account the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and DFAT Country Information Report – Bangladesh. The central issue was the applicant's credibility, particularly in light of the applicant's extensive travel history for "tourism" prior to arriving in Australia and lodging the protection visa application.

The Tribunal concluded that the applicant's claims lacked credibility, leading to the affirmation of the decision not to grant the protection visa. The Tribunal found that the applicant did not satisfy the criterion under s.36(2)(a) of the Act, nor did the applicant satisfy the complementary protection criterion under s.36(2)(aa). The Tribunal also noted that there was no suggestion the applicant satisfied the criteria by being a family member of a person who held a protection visa.