2101537 (Refugee)

The applicants, citizens of Bangladesh, sought protection visas, with the primary applicant claiming past leadership within the Islami Chattra Shibir (ICS), the student wing of Jamaat-e-Islami. The dispute centred on whether Australia owed them protection obligations. The Tribunal considered the applicant's claims of involvement with opposition political parties, alleged attacks by opposing groups, and an arrest warrant issued in Bangladesh.

The legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as refugees, or under section 36(2)(aa) as persons facing a real risk of significant harm upon removal to Bangladesh. This required assessing the credibility of the applicant's claims regarding his past political activities and the potential consequences of his return to Bangladesh, including the availability of effective protection measures.

The Tribunal affirmed the delegate's decision, concluding that the applicants did not satisfy the criteria for a protection visa. While acknowledging the applicant's claimed involvement with the ICS and the existence of an arrest warrant, the Tribunal found that the evidence did not establish a well-founded fear of persecution or a real risk of significant harm. Notably, the applicant had travelled to Bangladesh multiple times, including in 2018, and obtained police clearances without apparent issue, stating he was not connected with violent groups. This led the Tribunal to conclude that the Bangladeshi authorities were not actively seeking him. Consequently, the Tribunal was not satisfied that Australia owed protection obligations to the applicants.