1929492 (Refugee)

The Administrative Appeals Tribunal considered the case of a female applicant from Sri Lanka seeking a Safe Haven Enterprise Visa. The applicant claimed to fear persecution upon return to Sri Lanka based on her Tamil ethnicity, her actual and imputed political opinion, and her membership in particular social groups, specifically "female heads of the household without male protection" and "failed asylum seekers returning to Sri Lanka from a western country after leaving Sri Lanka illegally." Her claims were linked to her residency in the Vanni during the conflict, her father's perceived support for the LTTE, familial connections to the LTTE, her own past work for the LTTE, and her history of deportation and illegal departure from Sri Lanka.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958*, specifically whether she was a refugee due to a well-founded fear of persecution. This required the Tribunal to assess the applicant's credibility and the evidence presented, including information not available to the original decision-maker, to determine if she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if there was a real chance of such persecution in all areas of Sri Lanka.

The Tribunal found that the applicant was a credible witness, differing from the initial delegate's assessment. It considered extensive oral and documentary evidence, including explanations for apparent inconsistencies in her account, which it deemed to be of limited relevance to her risk profile. The Tribunal concluded that the applicant's evidence was detailed, materially consistent, corroborated by documentary evidence, and consistent with country information regarding the situation for Tamils in Sri Lanka. Consequently, the Tribunal was satisfied that the applicant had a well-founded fear of persecution.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*. This means the Tribunal found that Australia has protection obligations towards the applicant because she is a refugee.