1836961 (Refugee)

The applicant, a citizen of Bangladesh, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Bangladesh, based on his political opinions and membership in a particular social group. The decision was made by Tania Flood, a Member of the Tribunal.

The court was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he was a refugee due to a well-founded fear of persecution for reasons of political opinion or membership of a particular social group. Alternatively, the court considered whether the applicant met the complementary protection criterion under section 36(2)(aa), assessing if there were substantial grounds for believing he would suffer significant harm as a necessary and foreseeable consequence of removal to Bangladesh.

The Tribunal found that the applicant had established a well-founded fear of persecution for reasons of his political opinion. The applicant, a businessman with connections to the Bangladesh Nationalist Party (BNP) and who had financially supported the party, claimed to have faced intimidation and harassment from Awami League cadres in his home district. The Tribunal considered the applicant's active involvement in political activities, including mobilising youth and using his business premises for campaign meetings, and concluded that he had an adverse political profile. Consequently, the Tribunal was satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) of the Migration Act. The matter was remitted for reconsideration with a direction that the applicant satisfies section 36(2)(a).