1506381 (Refugee)

This matter concerned an application for a Protection Visa by a Sri Lankan Tamil male. The applicant claimed to fear persecution upon return to Sri Lanka from the Sri Lankan authorities and/or the Karuna group, based on an imputed political opinion of being pro-Liberation Tigers of Tamil Eelam (LTTE) or anti-government. His fear was also linked to his Tamil ethnicity, his illegal departure from Sri Lanka, his status as a failed asylum seeker, and specific past incidents involving the LTTE and the Karuna group. The case was heard by Member Nicole Burns of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant faced a well-founded fear of persecution for a Convention reason, or if complementary protection provisions applied, thereby entitling him to a Protection Visa. This required an assessment of the applicant's claims of harm and the credibility of his fear of persecution by state actors or non-state actors, specifically the Karuna group, and whether the Sri Lankan government could offer protection.

The Tribunal considered the applicant's account of events, including his alleged involvement in assisting displaced persons, his cousin's actions leading to an LTTE member's death and another's capture by the Karuna group, and the subsequent suspicion and anger directed towards him by certain individuals. The Tribunal noted that the applicant had insignificant ties to the LTTE and ultimately concluded that the applicant did not satisfy the criteria for a Protection Visa under section 36(2) of the Migration Act 1958. The Tribunal set aside the decision to refuse the visa and substituted a decision to refuse to grant a Protection (Class XD) visa.