1707864 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to affirm the refusal of a protection visa. The applicant, who had converted from Islam to atheism in Australia and had an extramarital relationship, claimed he feared harm if returned to Bangladesh from his family, community, and extremist groups due to his religious conversion and other factors.

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, which requires a well-founded fear of persecution, or under section 36(2)(aa), which concerns a real risk of significant harm as a necessary and foreseeable consequence of removal. The court also considered the definition of "significant harm" and the circumstances under which a person would not be taken to face such a risk, as outlined in sections 36(2A) and (2B) of the Act.

The court affirmed the Tribunal's decision, finding that the applicant did not satisfy the criterion in section 36(2) of the Act. The decision noted that the applicant did not claim to be a member of the same family unit as a person who satisfied the refugee or complementary protection criteria. Consequently, the applicant did not meet the requirements for the grant of a protection visa.