1609592 (Refugee)

This matter concerned an appeal by a Sri Lankan national seeking a protection visa. The applicant claimed he would face harm if returned to Sri Lanka due to his Tamil race, Muslim religion, imputed political opinion as a supporter of the Liberation Tigers of Tamil Eelam (LTTE), and his membership in the social groups of his family and as a failed asylum seeker. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), specifically whether he had a well-founded fear of persecution for reasons of race, religion, political opinion, or membership of a particular social group, or whether he would suffer significant harm as a necessary and foreseeable consequence of his removal from Australia.

The Tribunal considered the applicant's claims regarding his Tamil race and Muslim religion, noting that DFAT reports indicate that in Sri Lanka, being Muslim is perceived as an ethnicity as well as a religion. While the applicant's responses suggested he viewed himself as Muslim rather than Tamil ethnically, he consistently stated he was of Tamil race. The Tribunal accepted that the applicant feared harm because of his Tamil race and Muslim religion. However, the decision ultimately affirmed the previous decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Act, including the specific exclusion that there was no suggestion he satisfied the criteria on the basis of being a member of the same family unit as a person who held a protection visa.