1917715 (Refugee)

The applicant, who claims to fear harm in Sri Lanka due to his religion, his status as an intersex person perceived as homosexual and a sex worker, and his past criminal convictions in Australia, sought review of a decision concerning his protection visa. The case was heard by Kate Millar.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, or whether there were substantial reasons for believing he would suffer significant harm if returned to Sri Lanka, thereby meeting the criteria for a protection visa or complementary protection. Specifically, the court had to consider the applicant's claims relating to his Catholic faith, his intersex status and the associated perceptions, and the impact of his criminal convictions.

The court considered the applicant's background, including his education, employment history, marriage, and periods of residence in Sri Lanka and Australia. It also examined evidence regarding his intersex status and the reasons for not disclosing this earlier, including family concerns about media attention. The court noted that the applicant's return to Sri Lanka for an extended period had been raised as potentially undermining his claim of fear. The court also considered information put to the applicant under section 424A of the Act, which indicated that he had not raised non-refoulement issues in his application to review the cancellation of his visa, and that this was relevant to whether his fear claim was a recent fabrication. The court also sought further information regarding medical examinations, sentencing considerations of his intersex status, and his treatment during imprisonment. Ultimately, the court affirmed the decision under review.