1619461 (Refugee)

This matter concerned an application for a protection visa by Sri Lankan nationals. The first applicant, a Muslim man, claimed he feared serious harm upon return to Sri Lanka due to his interreligious marriage to the second applicant, a Sinhalese Buddhist. He alleged that his wife's uncle, who is connected to the Buddhist extremist group Bodu Bala Sena (BBS), had threatened him and his wife's family because of the marriage. The Tribunal found both the first and second applicants to be credible witnesses.

The primary legal issue before the Tribunal was whether the first applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the Minister to be satisfied that Australia has protection obligations under the Refugee Convention. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of religion or membership of a particular social group. The Tribunal also considered the applications of the third applicant, the child of the first two applicants, and the second applicant, who were considered members of the same family unit.

The Tribunal accepted the applicants' evidence regarding the inception and development of their relationship, the negative reactions from their families, and the threats and harm they had experienced. This included evidence of physical assault and death threats from the wife's uncle, who was identified as a member of the BBS. The Tribunal found the oral evidence to be spontaneous, detailed, and consistent with documentary evidence, including a marriage certificate and letters of support. The Tribunal was satisfied that the applicants were Sri Lankan nationals and that the second and third applicants were members of the same family unit as the first applicant.

The Tribunal remitted the matter for reconsideration, directing that the first applicant satisfies section 36(2)(a) of the *Migration Act*, and that the other applicants satisfy section 36(2)(b)(i) on the basis of their membership in the same family unit as the first applicant.