1823969 (Refugee)

This matter concerned an application for a protection visa by a Bangladeshi national. The applicant claimed he faced persecution in Bangladesh due to his relationship with a Christian woman, his subsequent conversion to Islam (or perceived apostasy), and his alleged involvement in a political killing. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), which relates to the Refugee Convention, or alternatively, the complementary protection criterion under section 36(2)(aa).

The Tribunal considered the applicant's claims, including his relationship with Ms. A, the violent opposition from her brother Mr. A, his alleged beating and burning, his discovery of being adopted, his abduction and return by Ms. A's family, his participation in a 'Shalish' where he was declared an apostate and beaten, his subsequent detention and torture by police, and his fear of ongoing persecution from Mr. A, his family, and radical Muslims. The Tribunal also took into account Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and DFAT country information.

The Tribunal found that the applicant had not established that he had been disowned by his family or ostracised by his community to the extent that he could not return to his home area in Bangladesh. While acknowledging his lengthy immigration detention and anxiety, the Tribunal was not satisfied that he would be unable to obtain necessary medication or subsist upon return, noting his employment skills and the availability of return assistance programs. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for protection obligations under section 36(2)(a).