1822602 (Refugee)

The applicant, a Sri Lankan Tamil, sought a protection visa after arriving in Australia in May 2012. He claimed to have left Sri Lanka due to fear of persecution as a Tamil, initially travelling to the United Kingdom in 2001 and returning in 2008. Upon his return, he alleged he was subjected to ongoing extortion by a Criminal Investigation Division (CID) officer, which escalated to threats of being implicated as an LTTE supporter if he did not comply. He also claimed general discrimination from Sinhalese individuals. The applicant lodged his protection visa application on 22 September 2012.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). This required determining if he was a refugee due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if he qualified for complementary protection due to a real risk of significant harm upon removal to Sri Lanka. The Tribunal also considered whether it would be reasonable for the applicant to relocate within Sri Lanka to avoid such harm.

The Tribunal considered the applicant's claims of extortion by a CID officer and general discrimination. It noted that the applicant had previously sought asylum in the UK and returned to Sri Lanka. The Tribunal's decision focused on the reasonableness of relocation within Sri Lanka. It found that the applicant could not reasonably relocate to an area where he would not face a real risk of significant harm, particularly given the alleged actions of the CID officer and the potential for him to be identified as a former LTTE supporter. However, the Tribunal ultimately affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.