1719183 (Refugee)

The applicant, a national of Bangladesh, sought a protection visa in Australia. He claimed to be a member of the Bangladesh Nationalist Party (BNP) and alleged that he feared persecution and potential harm, including death, from members of the ruling Awami League (AL) due to his political activities and opinions. The applicant also sought complementary protection.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958, specifically whether he had a well-founded fear of persecution for reasons of political opinion, and if not, whether he was entitled to complementary protection. The Tribunal was required to consider the availability of protection from the Bangladeshi authorities and the possibility of internal relocation within Bangladesh.

The Tribunal affirmed the decision not to grant the protection visa. It considered the applicant's role within the BNP and the documented conflict between the BNP and the AL. However, the Tribunal found that the applicant had not established a real chance of persecution for a Convention reason, nor had he demonstrated that effective protection measures were unavailable to him in Bangladesh. The Tribunal noted that under section 36(2B)(b) of the Act, a real risk of significant harm is not taken to exist if the applicant could obtain protection from an authority of the country. The Tribunal concluded that the applicant had not satisfied the requirements for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.