1721863 (Refugee)

The applicants, who arrived in Australia in July 2012, sought review of a decision to refuse their Temporary Protection (subclass 785) visas. The primary applicant had previously been found to be a refugee, but this finding was later superseded by a delegate's refusal of a protection visa. Following a data breach affecting the primary applicant's personal information, the Minister exercised powers allowing the applicants to apply for a Temporary Protection Visa. The delegate refused this application, leading to the current merits review before the Tribunal.

The core legal issues before the Tribunal were whether the applicants met the criteria for a protection visa, specifically whether they qualified as refugees under section 36(2)(a) of the *Migration Act 1958* (Cth) or were entitled to complementary protection under section 36(2)(aa) of the Act. The applicants claimed they feared harm from Sri Lankan authorities due to their Tamil ethnicity, imputed political opinion of being pro-LTTE, and membership in social groups including Tamil males from the Vanni suspected of LTTE involvement, failed Tamil asylum seekers, and successful Tamil businessmen.

The Tribunal considered the applicants' claims in light of the relevant provisions of the *Migration Act 1958* (Cth) and associated guidelines. The Tribunal concluded that the applicants did not satisfy the criteria for a protection visa, either as refugees or by meeting the complementary protection requirements. Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visas.