1707800 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Bangladesh. The applicant claimed to have been politically active in Bangladesh with the Bangladesh Nationalist Party (BNP) and its student wing, Chatradal, holding various positions from college level through to district executive member. He alleged he was targeted and attacked by cadres of the Awami League (AL) on multiple occasions due to his political activities, culminating in his departure from Bangladesh in October 2015. The decision was made by L. Symons.

The primary legal issues before the court were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) by establishing a well-founded fear of persecution based on political opinion, and alternatively, whether he met the complementary protection criterion under section 36(2)(aa) by demonstrating a real risk of significant harm if removed from Australia. The court was required to consider the applicant's claims in light of relevant country information and guidelines, including Ministerial Direction No. 84, the Refugee Law Guidelines, and the Complementary Protection Guidelines.

The court considered the applicant's history of political involvement with the BNP and the alleged attacks by AL cadres. It noted that if a person does not meet the refugee criterion, they may still qualify for a visa if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, there is a real risk of significant harm. The court applied the principles outlined in sections 36(2A) and (2B) of the Act when assessing the risk of significant harm. The decision affirmed the previous decision under review.