1907253 (Refugee)

The Administrative Appeals Tribunal considered the case of a Sri Lankan national seeking a Safe Haven Enterprise Visa. The applicant, of Tamil ethnicity and Christian religion, claimed to fear persecution in Sri Lanka due to his political activities and past experiences. The Tribunal's task was to determine if Australia had protection obligations towards the applicant under either the refugee criterion or complementary protection grounds.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing a real risk of significant harm if returned to Sri Lanka. This involved assessing the applicant's well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion, and considering the availability of effective protection measures in Sri Lanka.

The Tribunal found that the applicant was a Sri Lankan national and that his claims should be assessed against Sri Lanka as the country of nationality and receiving country. After reviewing the evidence, including the applicant's personal background, past interactions with Sri Lankan authorities, and country information, the Tribunal concluded that Australia had protection obligations towards the applicant under section 36(2)(a) of the *Migration Act*.

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