1708625 (Refugee)

The applicant, a national of Bangladesh, sought a protection visa. The dispute centred on his claims of persecution due to his alleged homosexuality and a threat from an individual named [Mr A]. The decision was made by C. Packer, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm amounting to complementary protection. Specifically, the Tribunal had to determine if the applicant had a well-founded fear of persecution based on his alleged homosexuality and membership in a particular social group of homosexuals in Bangladesh, and if he faced a real risk of serious harm from [Mr A] upon return to Bangladesh.

The Tribunal found the applicant's narrative regarding his alleged homosexuality to be unconvincing, noting significant inconsistencies and a lack of credible evidence. His claims about a friendship and tryst with another man, being attacked by fundamentalists, and subsequent events were disbelieved due to contradictory accounts and implausible explanations. Similarly, his story about being identified at a gay bar and this information reaching his family was rejected as a late embellishment. The Tribunal also found the applicant's claims regarding the threat from [Mr A] to be speculative, noting that the single email threat made several years prior was not corroborated by subsequent actions or further threats, and the applicant's evidence about [Mr A]'s political connections was vague. Consequently, the Tribunal was not satisfied that the applicant was a refugee or that he faced a real risk of significant harm amounting to persecution in Bangladesh.

The Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he did not satisfy the criteria under section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958 (Cth).