1930657 (Refugee)

The applicant, a Sri Lankan Tamil of Hindu faith, sought a protection visa, claiming a well-founded fear of persecution if returned to Sri Lanka. The dispute arose when the delegate refused the applicant's claims, citing credibility concerns. The matter was brought before the Tribunal for reconsideration.

The core legal issue before the Tribunal was whether the applicant qualified for protection under section 36 of the *Migration Act 1958* (Cth) and clause 866.221 of Schedule 2 to the *Migration Regulations 1994* (Cth). This required determining if the applicant had a well-founded fear of persecution based on his ethnicity, imputed political opinion, and the availability of effective protection measures in Sri Lanka.

The Tribunal found the applicant's written and oral evidence to be broadly consistent and credible, detailing his experiences with the LTTE and the Karuna group, and his subsequent departure from Sri Lanka. It accepted that the applicant, due to his Tamil ethnicity, his brother's suspected LTTE involvement, and his own activities in Australia supporting Tamil independence, could be perceived by Sri Lankan authorities as a former LTTE sympathiser or separatist. The Tribunal concluded that there was a real risk of police monitoring, harassment, detention, or rehabilitation if he were returned to Sri Lanka, as even low-profile individuals are monitored to prevent the re-emergence of the LTTE.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration, indicating that the applicant had established a basis for protection obligations under Australian law.