2001276 (Refugee)

The applicant, a Hindu from Bangladesh, sought protection in Australia based on fears of harm from Islamic extremists due to his religion, his activism with the organisation Jago Hindu, and an imputed political opinion. The dispute before the Tribunal concerned whether Australia had protection obligations towards the applicant under the refugee criterion or complementary protection grounds.

The Tribunal was required to determine if the applicant had established a well-founded fear of persecution or significant harm. Specifically, the issues included whether the applicant's fear of harm from Islamic extremists was credible, whether his membership in Jago Hindu and his Hindu faith placed him at risk, and whether the authorities in Bangladesh would be unable or unwilling to offer him protection. The Tribunal also considered whether the applicant could reasonably relocate within Bangladesh to avoid such harm.

The Tribunal found that the applicant had established a well-founded fear of harm. It noted the applicant's detailed account of threats, physical attacks, and harassment directed at him and his family by individuals associated with extremist Islamic groups. The Tribunal also considered the applicant's assertion that the police and authorities in Bangladesh were unwilling or unable to provide protection to Hindus, citing instances where his complaints were ignored. The Tribunal concluded that the harm feared was not faced by the general population but was specifically targeted at the applicant due to his religion and activism.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in s 36(2)(a) of the Migration Act, finding that Australia has protection obligations towards him.