1617561 (Refugee)

The applicant, a male from Sri Lanka, sought review of a decision affirming the refusal of his protection visa application. The applicant claimed a fear of persecution and harm in Sri Lanka based on his political affiliations, his suspected links to the Liberation Tigers of Tamil Eelam (LTTE), his identity as a Catholic fisherman, and a history of physical assault. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, or if he was owed complementary protection due to a real risk of significant harm upon removal to Sri Lanka.

The Tribunal considered the applicant's evidence, including documents relating to his political activities with the United People’s Freedom Alliance (UPFA) and his profession as a fisherman. It also had regard to country information concerning Sri Lanka. The Tribunal applied the principles of credibility assessment, noting that while the benefit of the doubt should be given to asylum seekers, it was not required to accept all allegations uncritically. The Tribunal examined whether the applicant held a genuinely held subjective fear of persecution and whether there was an objective basis for such a fear. The Tribunal also considered the complementary protection criterion, which requires a real risk of significant harm as a necessary and foreseeable consequence of removal.

The Tribunal affirmed the delegate's decision, finding that the applicant did not meet the criteria for a protection visa. The decision was affirmed.