2116730 (Refugee)

This matter concerned an application for a protection visa by a Sri Lankan national. The applicant claimed to be Sinhalese and Buddhist, and alleged she had received threats in Sri Lanka due to her past association with the Rajapaksa government and her athletic success. She sought review of a decision not to grant her a protection visa.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether she was a refugee within the meaning of the *Migration Act 1958* (Cth) or whether Australia had protection obligations towards her under the complementary protection provisions. This involved assessing the credibility of her claims regarding threats and the risk of persecution or significant harm upon return to Sri Lanka.

The court considered the applicant's history of supporting the Rajapaksa government and her claims of receiving anonymous threats and experiencing resentment from others due to her athletic achievements. It also took into account country information regarding the political situation in Sri Lanka. Ultimately, the court was not satisfied that the applicant had established a well-founded fear of persecution or a real risk of significant harm. The court found that her claims regarding threats were not credible and that her athletic ability and participation in Australian athletics did not constitute exceptional circumstances warranting protection.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.