1608294 (Refugee)

The applicant, a national of Sri Lanka, sought a protection visa, claiming he feared serious harm upon return to his home country. His claims were based on an imputed political opinion, specifically that he would be considered pro-Liberation Tigers of Tamil Eelam (LTTE) due to his father's past actions. His father had assisted an LTTE member in obtaining bail, and this individual subsequently absconded, leading to the Criminal Investigation Department's interest in the applicant's father. The applicant also argued he belonged to a particular social group, defined as close family members of individuals sought by authorities for their imputed political opinions, and that this, combined with his Tamil ethnicity, status as a failed asylum seeker, and illegal departure, would place him at risk. The case was heard by Nicole Burns, a member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the relevant Act. This required determining if the applicant had a well-founded fear of persecution or serious harm on return to Sri Lanka, either on the grounds of his imputed political opinion, his ethnicity, or as a member of a particular social group. The Tribunal also had to consider the relevance of Ministerial Direction No. 56, which mandates consideration of departmental policy guidelines and country information assessments.

The Tribunal considered the applicant's claim that he was at risk due to his father's involvement in helping an LTTE member obtain bail. It noted that the applicant's father had moved to a different district in Sri Lanka after the CID showed interest. However, the Tribunal found no suggestion that the applicant satisfied section 36(2) on the basis of being a member of the same family unit as a person who satisfied section 36(2)(a) or (aa) and who held a protection visa. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion in section 36(2).

The Tribunal affirmed the decision not to grant the applicant a Protection visa.