1706674 (Refugee)

This matter concerned an application for a protection visa by a citizen of Bangladesh. The applicant claimed he had a well-founded fear of persecution and alternatively, a real risk of significant harm if returned to Bangladesh. The decision under review was made by a delegate of the Minister, which refused the protection visa application.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), which requires a well-founded fear of persecution, or alternatively under section 36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal. The court also considered the applicant's claims regarding imputed political opinion, his father's debts, and subsequent harassment of his family.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 84 and relevant guidelines and country information. It found that the applicant's claims were vague and unverified, noting a lack of evidence regarding any attempt to negotiate partial repayment of his father's debts. Furthermore, the Tribunal found no evidence of harm to the applicant's mother and sister, who remained in Bangladesh. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, either on the basis of a well-founded fear of persecution or a real risk of significant harm.

The Tribunal affirmed the decision not to grant the applicant a protection visa.