2101204 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Bangladesh who claimed to have converted from Islam to Christianity. The applicant alleged that if returned to Bangladesh, he would face persecution, including being disowned by his family, discrimination, harassment, and ultimately, a real risk of being killed due to his conversion. The decision reviewed was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa, specifically whether he had established a well-founded fear of persecution for a Convention reason, or alternatively, whether he met the criteria for complementary protection. This involved assessing the applicant's claims of religious conversion, the consequences of that conversion in Bangladesh, and the availability of protection from the Bangladeshi authorities.

The Tribunal considered the applicant's evidence regarding his conversion from Islam to Christianity, his subsequent estrangement from his family, and his fear of harm upon return to Bangladesh. The Tribunal applied the principles of refugee law and complementary protection, taking into account relevant guidelines and country information. The Tribunal found that the applicant had not established a well-founded fear of persecution under section 36(2)(a) of the Act. However, it then considered whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires a substantial ground for believing that, as a necessary and foreseeable consequence of removal, there is a real risk of significant harm. The Tribunal ultimately affirmed the decision under review.