2119666 (Refugee)

This decision concerns an application for review of a delegate's refusal to grant a protection visa to an applicant from Sri Lanka. The applicant claimed to fear harm due to his political opinions and membership in a particular social group, specifically the "political class in Sri Lanka," which he described as privileged and sometimes wealthy individuals engaged in politics. The applicant alleged he had supported a friend in a provincial council election, contested a parliamentary election as an independent, and later supported the Sri Lanka Podujana Peramuna (SLPP). He claimed to have been threatened and assaulted on multiple occasions due to these political activities, leading to his departure from Sri Lanka in January 2018.

The Administrative Appeals Tribunal was required to determine whether there was a real chance that the applicant would suffer serious harm if returned to Sri Lanka, either because of his political opinion or his membership in a particular social group. Alternatively, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, there was a real risk of significant harm. This involved assessing the credibility of the applicant's claims, the authenticity of his evidence, and relevant country information regarding the political situation in Sri Lanka.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a real chance of suffering serious harm or a real risk of significant harm. While accepting the applicant was a Sri Lankan national of Sinhalese ethnicity and a practising Catholic, the Tribunal did not accept that he had contested the 2015 parliamentary election as claimed, nor that he was assaulted due to his political activities in 2015. Although the delegate accepted the applicant's support for the SLPP, they did not accept he was a member of the political class, held a senior role, or intended to contest an election as an SLPP candidate. The Tribunal found no credible evidence that the applicant was targeted due to his political activities in the 2017 car accident, and did not accept that he left Sri Lanka in 2018 due to threats from political opponents. Considering the country information and the applicant's overall profile, including his extensive travel, delays in departing Sri Lanka after claimed incidents, and lack of evidence of significant political involvement in Australia, the Tribunal concluded that he did not face a real chance of serious harm or a real risk of significant harm upon return.