1726392 (Refugee)

The applicant, a national of Sri Lanka, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Sri Lanka, primarily due to his past involvement with the Liberation Tigers of Tamil Eelam (LTTE) and his Tamil ethnicity. The matter was before the Tribunal for review.

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 involves having a well-founded fear of persecution based on race, religion, nationality, or political opinion. Alternatively, the Tribunal considered whether the applicant met the complementary protection criterion under section 36(2)(aa), requiring substantial grounds to believe there was a real risk of significant harm as a necessary and foreseeable consequence of removal.

The Tribunal accepted the applicant's narrative regarding his involvement with the LTTE between 1989 and 2002, including his training and work in monitoring Sri Lankan armed forces and his role in an LTTE agency. It also gave significant weight to medical evidence indicating scars consistent with gunshot injuries and considered country information regarding the treatment of Tamils from his region. The Tribunal found that the applicant held genuine beliefs about the Sri Lankan government and the treatment of Tamils, stemming from his personal experiences. Having considered the evidence and the relevant provisions of the *Migration Act*, including definitions of refugee, well-founded fear, significant harm, torture, and cruel or inhuman treatment, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a).

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.