1612410 (Refugee)

This matter concerned an application for a protection visa by a Sri Lankan national. The applicant claimed he would suffer significant harm if returned to Sri Lanka, fearing persecution due to an imputed political opinion as a supporter of the United National Party (UNP) and an imputed connection to the Liberation Tigers of Tamil Eelam (LTTE). The applicant had a limited education and difficulty recounting past events, but his Sri Lankan nationality and Tamil ethnicity were not in dispute.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958*. This involved assessing whether he qualified as a refugee under the 1951 Convention or, alternatively, whether he was entitled to complementary protection due to a real risk of suffering significant harm upon removal from Australia. The Tribunal was required to consider the applicant's personal circumstances in light of country information regarding the conflict in Sri Lanka and the actions of its authorities.

The Tribunal found that while the applicant had limited detail regarding his claimed involvement with the LTTE, his circumstances, including a previous attempt to depart Sri Lanka illegally and subsequent detention by authorities, indicated a risk of harm from the Sri Lankan authorities. The Tribunal concluded that relocation within Sri Lanka would not be reasonable or relevant, and state protection would not be available. Consequently, the applicant was not excluded from complementary protection, and the Tribunal found he satisfied the criterion set out in section 36(2)(aa) of the *Migration Act 1958*.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa) of the *Migration Act 1958*.