2112327 (Refugee)

The applicant, a citizen of Bangladesh, sought review of decisions refusing to grant him a protection visa. The applicant claimed to fear harm from the Awami League and terrorists in Bangladesh due to his alleged active support for, or membership of, the Bangladesh Nationalist Party (BNP). The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of political opinion, and consequently, whether Australia had protection obligations towards him.

The Tribunal found the applicant's claims regarding his political involvement and experiences to be significantly contradictory and confused. His statements about his level of participation in the BNP, his family's political background, and the nature of an alleged attack by Awami League supporters varied considerably across different applications and during his hearing. Furthermore, the applicant provided inconsistent accounts of his departure from Bangladesh and his presence at political rallies, including an apparent discrepancy regarding the timing of the Caretaker government and his departure from Bangladesh. The Tribunal also noted that the applicant's references to the Awami League being in power at certain times were erroneous, as the BNP had been in government for the preceding five years.

Applying the principles of Ministerial Direction No. 84 and the relevant sections of the Migration Act 1958, the Tribunal assessed the applicant's credibility. Due to the numerous inconsistencies and contradictions in his evidence, the Tribunal was not satisfied that the applicant was a genuine supporter or member of the BNP, nor that he had a well-founded fear of persecution. Consequently, the Tribunal affirmed the decisions not to grant the applicant a protection visa.