1605302 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning protection visa applications made by two Sri Lankan nationals. The applicants, a married couple of Tamil ethnicity, claimed they feared persecution upon return to Sri Lanka due to extortion demands from the Tamil Makkal Viduthalai Pulikal (TMVP), an LTTE splinter group, and their perceived association with humanitarian activities through their son's work with a foreign NGO. They also alleged that these groups had government support, meaning they would not receive protection from the Sri Lankan state.

The Tribunal was required to determine whether Australia had protection obligations towards the applicants under the Migration Act 1958 (Cth). Specifically, this involved assessing whether the applicants met the criteria for a protection visa, either under the refugee convention (s.36(2)(a)) or complementary protection grounds (s.36(2)(aa)). The core of the assessment was whether the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there was a real risk of significant harm upon removal.

The Tribunal considered the applicants' claims of displacement, forced contributions to the LTTE, and subsequent extortion by the TMVP. It noted that the applicants had complied with some extortion demands but feared further retribution and harm if they did not continue to comply, especially given their sons' migration to Australia. The Tribunal also had regard to the country information and the specific requirements of s.36(3) of the Act, which requires an applicant to demonstrate they do not have a right to enter and reside in a third country.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The decision stated that the applicants satisfied the criterion under s.36(2)(a) of the Migration Act, indicating that Australia had protection obligations towards them under the refugee convention.