1910952 (Refugee)

The applicant, a national of Bangladesh, sought a protection visa in Australia. The delegate of the Department of Home Affairs refused the application, finding no real chance of persecution for a Convention reason and no substantial grounds for believing the applicant would suffer significant harm upon removal to Bangladesh. The applicant subsequently married a temporary visa holder in Australia.

The core legal issue before the Tribunal was whether Australia owed protection obligations to the applicant, either because she was a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or because she faced a real risk of significant harm upon removal under section 36(2)(aa) of the Act. This required the Tribunal to assess the evidence in light of country information regarding the availability of effective state protection in Bangladesh, particularly for women, and the prevalence of corruption and political interference within its institutions.

The Tribunal considered extensive country information detailing widespread corruption and political interference in Bangladesh's police and judicial systems, which significantly hampers the rule of law and victims' ability to seek effective recourse. It also noted the prevalence of violence against women and the systemic barriers they face in accessing justice, including fear of reporting, police insensitivity, and lengthy, often ineffective, judicial processes. The Tribunal found that the applicant's circumstances, including her age, potential trauma, and the specific risks she might face as a woman without adequate family support in Bangladesh, warranted further consideration.

Consequently, the Tribunal remitted the matter for reconsideration, directing that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth), meaning Australia owes her protection obligations.