1617952 (Refugee)

This matter concerned an application for a Protection visa by a Sri Lankan national. The applicant claimed he feared persecution upon return to Sri Lanka due to his past support for the United National Party (UNP), his work as a driver, and his status as a failed asylum seeker. The Tribunal was required to determine whether Australia had protection obligations towards the applicant under the Refugees Convention or complementary protection provisions.

The Tribunal considered the applicant's claims regarding his political opinion, membership of the social group of drivers, and the consequences of his illegal departure from Sri Lanka and asylum claim in Australia. It assessed the credibility of his evidence, particularly concerning incidents of alleged harassment by supporters of the People's Alliance following the 2010 elections. The Tribunal also took into account significant changes in Sri Lanka's political and security landscape since 2010, including the UNP's current position within the governing coalition.

The Tribunal found that while the applicant had engaged in political activities for the UNP and experienced altercations with People's Alliance supporters in the immediate aftermath of the 2010 election, the subsequent political changes meant there was no real chance of him being harmed for reasons of his past or future political opinion. Furthermore, the Tribunal was not satisfied that his work as a driver or his status as a failed asylum seeker presented a real risk of harm or significant harm upon return. The Tribunal concluded that any potential legal consequences for his illegal departure would be the result of non-discriminatory enforcement of laws of general application.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he did not satisfy the criteria under either the refugee Convention or the complementary protection provisions.