1908952 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of an individual from Bangladesh. The applicant provided evidence over a significant period, including documentation confirming his Bangladeshi citizenship and his expressed wish to return to Bangladesh to care for his family. He also stated he had no claims for protection and was seeking assistance to arrange his return travel.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved assessing whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Bangladesh, as defined by the Act. The Tribunal was also required to consider the Department of Home Affairs guidelines and DFAT country information for Bangladesh.

The Tribunal's reasoning focused on the applicant's own evidence, which indicated he did not fear returning to Bangladesh and wished to do so. The Tribunal noted that section 5AAA(2) of the Act places the responsibility on the applicant to provide sufficient evidence to establish their claim. Based on the applicant's statements, including his desire to return and his lack of protection claims, the Tribunal found it unnecessary to assess his remaining evidence in detail. The Tribunal also referred to DFAT country information which assessed that most returnees, including failed asylum seekers, are unlikely to face adverse attention in Bangladesh.

Consequently, the Tribunal affirmed the delegate's decision to refuse the applicant's application for a Safe Haven Enterprise Visa (SHEV). The Tribunal clarified that it only had jurisdiction over the SHEV application and could not assist with the applicant's subsequent request for a work visa.