1618389 (Refugee)

The Administrative Appeals Tribunal considered the case of a Sri Lankan national seeking a protection visa. The applicant claimed a well-founded fear of persecution based on his Tamil ethnicity and alleged past support for the LTTE, as well as significant mental health issues and chronic pain. 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 race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether he was owed complementary protection due to a real risk of suffering significant harm if returned to Sri Lanka.

In its reasoning, the Tribunal acknowledged the country information regarding the post-civil war situation in Sri Lanka, including the monitoring and potential harassment of the Tamil population by authorities. It also noted the applicant's evidence of mental health conditions, including major depressive episode and post-traumatic stress disorder, stemming from a traumatic developmental history and fears for his safety. The Tribunal referred to the provisions of the *Migration Act 1958* concerning the definition of a well-founded fear of persecution and the concept of significant harm for complementary protection. However, the Tribunal ultimately found it unnecessary to consider the complementary protection claim, having determined that the applicant satisfied the criteria for a protection visa under section 36(2)(a) of the Act.

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