1903556 (Refugee)

The applicant sought a protection visa, claiming he feared persecution upon return to Sri Lanka due to his Tamil ethnicity and alleged past torture by Sri Lankan intelligence. He also raised *sur place* claims, asserting that his involvement in Tamil advocacy groups in Australia had placed him on a monitoring list, increasing his risk if returned. The decision under review was made by the Refugee Tribunal.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm under the complementary protection criterion. This involved assessing the applicant's well-founded fear of persecution based on his past experiences in Sri Lanka and his current activities in Australia, as well as considering the availability of protection in Sri Lanka.

The Tribunal considered the applicant's claims of past torture and harassment by Sri Lankan forces, his fear of being targeted as a "terrorist" or "informer," and his *sur place* activities with Tamil advocacy groups. It applied the principles of Ministerial Direction No. 84, the 'Refugee Law Guidelines', and the 'Complementary Protection Guidelines'. The Tribunal was satisfied that the applicant met the criteria for a protection visa under section 36(2)(a) of the Act.

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