1710548 (Refugee)

The applicant, a Sri Lankan national of Tamil ethnicity and Hindu religion, sought a protection visa. He claimed to fear harm from paramilitary groups, specifically the People’s Liberation Organisation of Tamil Eelam (PLOTE), due to past extortion and forced involvement in activities during the civil war. He also feared being imputed with support for the Liberation Tigers of Tamil Eelam (LTTE) by the Sri Lankan Army, partly due to his siblings residing overseas. The delegate of the Minister refused the protection visa, and the applicant sought review of this decision before the Refugee Review Tribunal.

The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, namely race, religion, or membership of a particular social group. This involved assessing whether the applicant's fear of harm from PLOTE and the Sri Lankan Army was credible and whether any imputed political opinion or membership of a particular social group would lead to persecution. The Tribunal also had to consider the applicant's status as a failed asylum seeker and the potential consequences of his return to Sri Lanka.

The Tribunal considered the applicant's claims in light of the Ministerial Direction No. 56, which mandates consideration of relevant guidelines and country information. It noted the applicant's displacement due to the civil war, the past extortion by PLOTE, and his forced involvement in certain tasks. The Tribunal also took into account the applicant's fear of being imputed with LTTE support due to his family circumstances and his brother's past involvement with the LTTE. The Tribunal ultimately affirmed the delegate's decision to refuse the protection visa.