1500210 (Refugee)

The applicant, a Sri Lankan Tamil male from the North Western Province, sought review of a decision affirming the refusal of his protection visa application. The applicant claimed to fear persecution in Sri Lanka due to his ethnicity, his imputed political opinion (specifically, an imputed anti-government, pro-LTTE stance), and suspected involvement with the LTTE, leading to fears of detention, physical harm, and extortion.

The court was required to determine whether the applicant had established a real chance of persecution for a Convention reason under section 36(2)(a) of the *Migration Act 1958* (Cth), or, alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Sri Lanka, he faced a real risk of suffering significant harm under section 36(2)(aa) of the Act.

The Tribunal affirmed the decision under review, concluding that the applicant had not established a real chance of persecution. While acknowledging the applicant's claims of past mistreatment, including physical assaults and detention, the Tribunal found that these incidents did not meet the threshold for persecution for a Convention reason. The Tribunal considered the applicant's ability to speak Sinhala and his past residence in mixed communities, which diminished the likelihood of him being targeted solely on account of his Tamil ethnicity. Furthermore, the Tribunal found no credible evidence to support the claim of an imputed political opinion or suspected LTTE involvement that would place him at risk of persecution. The Tribunal also considered the applicant's claims of fear of extortion and detention, but concluded that these fears were not sufficiently substantiated to meet the threshold for complementary protection.