1721760 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant seeking a protection visa. The applicant, a Tamil national from Sri Lanka, claimed to have been forcibly recruited and compelled to work for the Liberation Tigers of Tamil Eelam (LTTE) before escaping and subsequently facing adverse attention from Sri Lankan authorities, including the Special Task Force and the Karuna Group. The core of the dispute revolved around whether the applicant had a well-founded fear of persecution and whether Australia owed him protection obligations.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Specifically, the Tribunal had to assess the applicant's past involvement with the LTTE, the credibility of his claims of coercion and subsequent fear of harm from Sri Lankan authorities, and whether he could access effective protection within Sri Lanka.

In its reasoning, the Tribunal acknowledged inconsistencies in the applicant's evidence but ultimately found his overall narrative to be generally consistent and credible, noting his distress when discussing returning to Sri Lanka. While expressing some concerns regarding the precise details of his recruitment into and cessation of involvement with the LTTE, the Tribunal accepted that he underwent training with the organisation for a period. Crucially, the Tribunal found that the applicant's past involvement with the LTTE, coupled with his race and the actions of Sri Lankan authorities and associated groups, meant that he had a well-founded fear of persecution. The Tribunal concluded that Australia had protection obligations towards the applicant 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 1958* (Cth), meaning he is a refugee in respect of whom Australia has protection obligations.