2009786 (Refugee)

This matter concerned an application for a protection visa by a citizen of Bangladesh. The applicant claimed he was a convert from Islam to Christianity and feared persecution upon return to Bangladesh due to his religious beliefs. He alleged he had been targeted and beaten by hard-line Muslims in Bangladesh, had to hide his religious practice, and that authorities there were corrupt and hostile to Christian converts. He also claimed that Islamic State would assassinate him if he returned.

The central legal issue before the court was whether the applicant qualified for protection obligations under Australian law, either by meeting the 'refugee' criterion or by satisfying the 'complementary protection' criterion. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Bangladesh, the applicant would face a real risk of suffering significant harm.

The court considered the applicant's claims in light of relevant country information regarding Bangladesh and the legal framework governing protection visas, including the Refugee Convention and provisions for complementary protection. The court was required to determine the credibility of the applicant's claims and assess the risk of harm he would face upon return, taking into account the potential actions of both non-state actors and state authorities. The court also had regard to Ministerial Direction No. 84 and associated guidelines.