1733095 (Refugee)

The applicant, a Sri Lankan national of Tamil ethnicity, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution for reasons of race, political opinion, or membership of a particular social group, and whether Australia owed protection obligations to him. The matter was before the Tribunal for reconsideration.

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), specifically whether he was a refugee owing to a well-founded fear of persecution. This involved assessing whether the applicant feared persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether there was a real chance of such persecution in Sri Lanka. The Tribunal also considered whether any actions taken by the applicant in Australia were for the purpose of strengthening his refugee claim.

The Tribunal considered extensive evidence, including the applicant's statements, submissions from his representatives, letters from community organisations and a politician, social media posts, and country information. It noted the applicant's involvement in Tamil separatist activities in Australia and his family's history, including his sister's alleged forced recruitment by the LTTE. The Tribunal found that the applicant's fear of persecution was well-founded, stemming from his ethnic background, his suspected association with the LTTE due to his sister's involvement and his own activities, and his adverse political profile. The Tribunal concluded that state protection was not available to the applicant in Sri Lanka and that the persecution he feared constituted serious harm.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth), finding that Australia has protection obligations towards him.