1801920 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Sri Lankan national. The applicant claimed to fear persecution upon return to Sri Lanka due to being suspected of supporting the LTTE, and also on the grounds of his sexuality as a gay man. The Tribunal was required to determine whether Australia had protection obligations towards the applicant under section 36(2)(a) of the *Migration Act 1958* (Cth), which concerns whether the applicant is a refugee with a well-founded fear of persecution.

The Tribunal's reasoning focused on the applicant's credibility, particularly concerning his sexuality. While acknowledging some inconsistencies in other aspects of his evidence, the Tribunal found the applicant to be an honest and credible witness when discussing his sexual identity and experiences. The Tribunal explored this aspect in detail, noting that the delegate had not adequately questioned the applicant on his feelings and experiences growing up as a gay man. The Tribunal considered the applicant's fear of serious harm as a gay man in Sri Lanka and whether effective protection measures were available to him.

Ultimately, the Tribunal was satisfied that the applicant is a person in respect of whom Australia has protection obligations under section 36(2)(a) of the *Migration Act*. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criteria for a protection visa.