1719625 (Refugee)

This matter concerned an application for a Safe Haven Enterprise Visa by a Sri Lankan national of Tamil background. The applicant claimed he feared persecution upon return to Sri Lanka due to his ethnicity, imputed political opinion of supporting the Liberation Tigers of Tamil Eelam (LTTE), and his status as a failed asylum seeker. The Administrative Appeals Tribunal reviewed the delegate's decision to refuse the visa.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, membership of a particular social group, or imputed political opinion, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal from Australia, he would suffer significant harm. Specifically, the Tribunal considered whether the applicant's past experiences with the Sri Lankan Army, including detention and alleged torture, and his status as a failed asylum seeker, would place him at real risk of persecution or significant harm upon return.

The Tribunal considered the applicant's claims of past detention, questioning, and threats by the Sri Lankan Army, as well as the deaths of family members and the subsequent actions of the army and the LTTE. It also had regard to country information regarding the treatment of returnees to Sri Lanka, including failed asylum seekers. The Tribunal noted that while some returnees faced practical challenges and potential monitoring by authorities, the available information did not establish a real chance of persecution or significant harm for the applicant personally, particularly given the passage of time and the applicant's ability to depart Sri Lanka previously without incident. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.