1729065 (Refugee)

The applicant, a citizen of Sri Lanka, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution based on imputed political opinion due to his brother's membership in the Liberation Tigers of Tamil Eelam (LTTE), his Tamil race, and his status as a failed asylum seeker who had departed Sri Lanka illegally. The matter was before the Federal Circuit Court on remittal.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a reason specified in section 5 of the *Migration Act 1958* (Cth), namely imputed political opinion, race, or membership of a particular social group. This involved assessing the credibility of the applicant's claims and whether the reasons provided constituted a real chance of significant harm.

In reaching its decision, the court found the applicant's hearing to be vague and lacking in detail, which undermined its credibility. The court noted that while the applicant was of Tamil ethnicity, this fact alone did not present a barrier to employment or suggest a real chance of persecution. Furthermore, the court considered the applicant's illegal departure from Sri Lanka and concluded that this did not, in itself, establish a well-founded fear of persecution. Consequently, the court affirmed the decision under review.