1712570 (Refugee)

This matter concerned an application for a Protection visa by a stateless Rohingya individual who claimed to have been born in Myanmar. The applicant asserted he had suffered severe discrimination and persecution in Myanmar due to his race and religion, including the forced labour and murder of family members. He also claimed to have experienced mistreatment and torture in Bangladesh, where he had resided temporarily using a fraudulently obtained passport. The applicant feared returning to either country, alleging he would face persecution in Myanmar and torture and deportation from Bangladesh.

The court was required to determine whether the applicant had established a real risk of significant harm if returned to his country of former habitual residence, specifically Bangladesh, and whether he met the criteria for a Protection visa under section 36 of the Migration Act 1958 (Cth). This involved assessing the applicant's claims of statelessness, his experiences in Myanmar and Bangladesh, and the availability of protection or reasonable relocation options within Bangladesh. The court also considered the application of Ministerial Direction No. 84 and relevant guidelines.

The court reasoned that the applicant did not have a right to enter and reside in Bangladesh, and therefore section 36(3) of the Act was not applicable. The court found that the applicant satisfied section 36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant meets the criteria under section 36(2)(a).