1405732 (Refugee)

This matter concerned an application for review of a protection visa refusal. The applicant, a Sri Lankan male of Sinhalese ethnicity and Catholic religion, claimed he feared persecution in Sri Lanka based on his membership of the particular social group "returned failed asylum seekers" and his illegal departure from Sri Lanka. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the five reasons set out in the Refugee Convention, or if he was owed complementary protection.

The Tribunal considered the applicant's claims, his statutory declaration, the interview with the delegate, and written submissions from his representative. It also had regard to various country information reports, including those from the Department of Foreign Affairs and Trade (DFAT), the Refugee Review Tribunal's Complementary Protection Handbook, and reports from Amnesty International and the US Department of State. The Tribunal accepted that the applicant was a national of Sri Lanka and that his claims should be assessed against Sri Lanka as the country of reference.

During the hearing, the applicant stated that he feared nothing would happen if he returned to Sri Lanka, but suspected he would be held on remand and suffer, as would his children. He attributed this suspicion to his illegal departure and the Navy holding his ID. When questioned further, he expressed a desire to remain in Australia to accumulate money and educate his children, acknowledging this was not a ground for protection in itself. The applicant's representative suggested exploring "poverty" with state intention and disproportionate punishment by the Sri Lankan Navy. The Tribunal ultimately affirmed the delegate's decision.