1835072 (Refugee)

The applicant, who identifies as Hindu, sought a protection visa, claiming he feared persecution in Bangladesh due to his religion and membership in a particular social group. This group was defined as non-Muslim men who had engaged in a pre-marital relationship with a Muslim woman. The applicant alleged that he had been subjected to physical abuse and threats from the woman's family after their relationship was discovered, forcing him to flee Bangladesh and preventing him from seeking police assistance. The case came before the Tribunal for review.

The central legal issues before the Tribunal were whether there were substantial grounds to believe that the applicant faced a real risk of suffering significant harm, or a real chance of suffering serious harm, as a necessary and foreseeable consequence of his removal to Bangladesh. The Tribunal was also required to determine if the applicant qualified as a person in respect of whom Australia owed protection obligations under the Migration Act 1958 (Cth). The Tribunal was reminded that the onus rested on the applicant to specify all particulars of his claim and provide sufficient evidence to establish it, and that it was not required to make the applicant's case for him or accept his allegations uncritically.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 84 and relevant guidelines and country information. The applicant's narrative described a relationship with a Muslim woman, his subsequent discovery of her religion, the termination of the relationship, and the ensuing threats and physical assault by her family. He also stated his fear of approaching the police due to potential repercussions for himself and his family. The Tribunal noted that the mere assertion of a fear of persecution or a risk of harm does not, in itself, establish the genuineness or well-foundedness of that fear or the existence of such a risk.

The Tribunal remitted the decision under review.