2011441 (Refugee)

This matter concerned an application for a protection visa by Mr. A and Ms. B, and their four children. The applicants claimed they faced adverse attention from a political auxiliary organisation in Bangladesh, including threats of violence and extortion, due to Mr. A's refusal to join a particular political party. The primary issue before the Tribunal was whether the applicants met the criteria for a protection visa, or alternatively, whether they were entitled to complementary protection.

The Tribunal was required to determine if there was a real risk that the applicants would suffer significant harm if returned to Bangladesh. This involved assessing whether the risk faced by Mr. A was personal and not one faced by the population generally, and whether it would be reasonable for the applicants to relocate within Bangladesh to avoid such a risk. The Tribunal also considered the definition of "member of the same family unit" under the Act and Regulations in relation to the children born in Australia.

The Tribunal affirmed the delegate's decision to refuse the protection visa. It reasoned that while the applicants had faced threats and violence, these were not of a nature that would constitute persecution for a Convention reason. The Tribunal found that the risks described were not faced by the applicants personally in a way that would engage Australia's protection obligations, and that there were reasonable internal relocation options available to mitigate any residual risk. The Tribunal also considered the family unit provisions in relation to the children born in Australia.