1908769 (Refugee)

The applicant, a Tamil Hindu businessman from Sri Lanka, sought a protection visa, claiming a well-founded fear of persecution. The dispute centred on whether the applicant would face harm if returned to Sri Lanka, specifically concerning extortion and potential detention by authorities. The case was before the Tribunal for review of a prior decision.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, and whether effective protection measures were available to him in Sri Lanka, or if relocation within Sri Lanka would be reasonable. The Tribunal was required to assess the applicant's claims of past harm, including detention, torture, and extortion, and determine if these experiences created a real risk of significant harm upon return.

The Tribunal found the applicant's claims to be credible, noting his consistency on central aspects and taking into account his physical and psychological issues. It accepted that the applicant had suffered harm, including detention and extortion attempts, and that he was perceived as wealthy. Crucially, the Tribunal determined that relocation to another part of Sri Lanka would not be reasonable, and that effective protection measures were not available to him. Consequently, the Tribunal was satisfied that Australia had protection obligations towards the applicant under the Refugees Convention.

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