1711890 (Refugee)

The applicant, a national of Bangladesh, sought a protection visa, claiming he feared persecution due to his atheism and bisexuality. The dispute concerned whether he met the criteria for a protection visa, either as a refugee or on complementary protection grounds. The matter was heard by Luke Hardy, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, based on a well-founded fear of persecution for reasons of religion or membership of a particular social group, or alternatively, whether he met the complementary protection criterion under section 36(2)(aa) due to a real risk of significant harm if removed to Bangladesh. The Tribunal was required to assess the applicant's claims against the definitions of "refugee" and "significant harm" as provided in the Act and relevant Ministerial Directions.

The Tribunal's reasoning focused on the applicant's evidence, or lack thereof, regarding past harm or a well-founded fear of future persecution. While the applicant cited the murders of two atheist bloggers as a basis for his fear, he admitted to not having engaged in publishing atheist views himself and did not provide evidence of specific threats or warnings directed at him. His claims of opposition to Islamic extremism were general, and his experience with madrassa students, while leading to a less friendly conversation, did not involve any actual or threatened harm. The Tribunal found that the applicant's fear was not sufficiently particularised or well-founded to meet the definition of a refugee. Furthermore, his claims did not establish a real risk of significant harm on complementary protection grounds, as he did not demonstrate that he would personally face such harm beyond general societal intolerance or risks faced by the population at large.

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