1419929 (Refugee)

The applicant, a Sri Lankan national of the Roman Catholic faith, claimed to be a long-term supporter of the United National Party (UNP) and alleged he had been subjected to harassment and assault by supporters of the opposing United People’s Freedom Alliance (UPFA) due to his political activities. These alleged incidents led him to relocate within Sri Lanka and ultimately to depart the country illegally in June 2012. Upon his departure, his wife reportedly received threatening anonymous letters. The applicant feared future harm from UPFA supporters and believed he would face prosecution upon return to Sri Lanka due to his presence on a boat with alleged LTTE supporters, with some people smugglers reportedly naming him as an organiser. The Tribunal was required to determine whether the applicant had established claims for a protection visa under Australian law.

The Tribunal considered the applicant's claims regarding his political affiliation and the alleged persecution he faced. It noted that a tribunal is not obliged to accept all allegations made by an applicant uncritically and does not require rebutting evidence to make a finding that a factual assertion has not been made out. The Tribunal found that the applicant was a citizen of Sri Lanka and that Sri Lanka was his country of nationality and receiving country for complementary protection purposes. However, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he did not satisfy the criteria under section 36(2) of the relevant legislation, as there was no suggestion he met the requirements through family unit membership with a person holding a protection visa.