1727447 (Refugee)

This matter concerned an application for a protection visa by a Sri Lankan national of Tamil ethnicity. The applicant arrived in Australia as an unauthorised maritime arrival in December 2011 and subsequently lodged an application for a Safe Haven Enterprise Visa. The core of the dispute revolved around the applicant's credibility and whether, based on his accepted claims, he met the criteria for protection under Australian law.

The court was required to determine if the applicant was a refugee within the meaning of section 5H of the *Migration Act 1958* (Cth), specifically whether he held a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Additionally, the court needed to consider whether the applicant would face significant harm as a necessary and foreseeable consequence of being removed from Australia, thereby engaging Australia's complementary protection obligations under section 36(2)(aa) of the Act. The court also had to assess the relevance of the Department of Home Affairs' 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and the DFAT Country Information Report – Sri Lanka.

The Tribunal concluded that the applicant satisfied the criteria for protection under section 36(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant meets the requirements of section 36(2)(a).