2001294 (Refugee)

The applicant, a national of Bangladesh, sought a protection visa. The dispute concerned whether she met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution or faced a real risk of significant harm upon return to Bangladesh. The matter was before the Tribunal, presided over by Member Nora Lamont.

The Tribunal was required to determine if the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, if she met the complementary protection criterion under section 36(2)(aa) by facing a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. This involved assessing whether she was a member of a particular social group and whether state protection was available to her in Bangladesh.

The Tribunal considered the applicant's history of domestic violence and forced marriage in Bangladesh, including her marriage to her uncle, Mr. A. It noted that Mr. A had a plan to use the applicant's Australian visa to bring his other wife and children to Australia. The Tribunal found that the applicant was a victim of gender-based violence and harassment, and that she constituted a particular social group defined as "single women who have been the victim of domestic violence." Crucially, the Tribunal determined that state protection was not available to the applicant in Bangladesh, and that she had a real chance of suffering serious harm on return.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act, finding that Australia had protection obligations towards her.