1723229 (Refugee)

The applicant, a Sri Lankan national of Tamil ethnicity, sought a protection visa, claiming he feared persecution due to imputed political opinion and his race. The dispute concerned whether Australia had protection obligations towards him under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth). The Administrative Appeals Tribunal (AAT) was required to determine if the applicant met the criteria for a protection visa, considering his claims of suspected links to the Liberation Tigers of Tamil Eelam (LTTE), his race, and potential membership in a particular social group.

The Tribunal considered the applicant's identity, migration history, and evidence provided. It noted that the applicant arrived in Australia as an unauthorised maritime arrival in December 2011 and had previously been found not to owe protection by a delegate, but later found to owe protection by an Independent Protection Assessment. The applicant's protection visa application was refused by the Department, leading to the Tribunal review. The Tribunal also considered Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal concluded that the applicant did not meet the refugee criterion under s 36(2)(a). However, it was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the alternative criterion in s 36(2)(aa), which relates to complementary protection. The Tribunal remitted the matter for reconsideration.