Applicant S76 of 2003 v Minister for Immigration

The applicant, S76 of 2003, appeals against a decision by a judge of this Court dismissing an application for an order nisi seeking constitutional writs in respect of a decision by the Refugee Review Tribunal to affirm a decision of the Minister for Immigration to refuse to grant a protection visa to the applicant. The application was remitted by the High Court to this Court. The applicant argues that the Tribunal erred in its findings that the applicant could avail himself of the protection of the authorities in his own country over a fatwa, that the applicant did not have a genuine fear of persecution over a fatwa, and that the applicant could relocate to a larger urban centre such as Dhaka.

The legal issues before the Court were whether the Tribunal erred in its findings that the applicant could avail himself of the protection of the authorities in his own country over a fatwa, that the applicant did not have a genuine fear of persecution over a fatwa, and that the applicant could relocate to a larger urban centre such as Dhaka. The Court held that the Tribunal did not err in its findings, and that the applicant’s complaints did not reach the second ground supporting the Tribunal’s decision that, even if the applicant had a subjective fear of persecution, he could avoid the persecution by relocating within Bangladesh. The Court also held that no jurisdictional error is discernible in the Tribunal’s conclusion that it was not satisfied that the applicant had a well-founded fear of persecution if he were returned to Bangladesh.

The Court dismissed the appeal and ordered that the appellant pay the respondent’s costs, to be taxed in default of agreement. The Court found that none of the three limbs of the appellant’s attack on the orders below had been made out, and that the appeal must be dismissed with costs.