1819410 (Refugee)

The applicant, a Sri Lankan national of Tamil ethnicity, sought a protection visa. The dispute concerned whether Australia had protection obligations towards the applicant under the *Migration Act 1958* (Cth) and the *Refugees Convention*. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant met the criterion for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the applicant to be a non-citizen in respect of whom Australia has protection obligations under the Refugees Convention. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

The Tribunal accepted the detailed medical evidence presented, which indicated the applicant suffered from severe symptoms of post-traumatic stress disorder, major depression, and anxiety, consistent with being a torture survivor and experiencing complex trauma. The Tribunal also accepted the applicant's consistent evidence regarding his identity as a Sri Lankan national of Tamil race from the Eastern Province. Having regard to this evidence and the applicant's vulnerability, the Tribunal was satisfied that the applicant was a person in respect of whom Australia has protection obligations under the Refugees Convention.

Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).