1809027 (Refugee)

The applicant, a Sri Lankan citizen, sought review of a delegate's decision to refuse him a protection visa. The applicant claimed he feared persecution upon return to Sri Lanka due to his and his father's support for the United National Party (UNP), alleging they had received death threats and demands for money and political support from individuals associated with the United People’s Freedom Alliance party. He also contended that the Sri Lankan authorities would not protect him and that he could not relocate within the country.

The central legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically political opinion, such that Australia had protection obligations towards him under the Migration Act 1958. This required determining if there was a real chance of persecution, if such persecution would involve serious harm, and if the fear was not mitigated by the availability of effective protection measures or the possibility of reasonable relocation within Sri Lanka.

The court affirmed the delegate's decision, finding the applicant's claims and evidence to be inconsistent and implausible. The court noted discrepancies regarding when and how the applicant joined the UNP, delays in his departure from Sri Lanka and subsequent applications for protection, and the fact that his father had obtained a protection visa in a third country. Furthermore, the court found the applicant's political activity in Sri Lanka to be limited, with only one protest participation noted in Australia. The court concluded that the applicant did not satisfy the criteria for a protection visa.