2202883 (Refugee)

This matter concerned an application for a protection visa by a Sri Lankan national. The applicant claimed to be at risk of serious harm due to his long-term involvement with the United National Party, his witnessing of a serious crime, and the imputation that he was an informant for Sri Lankan authorities. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa, including the refugee criterion under s 36(2)(a) and the complementary protection criterion under s 36(2)(aa) of the Migration Act 1958 (Cth).

The Tribunal was tasked with assessing the applicant's claims in light of his extensive criminal record, past addiction and substance abuse, psychological health complications, and the provision of conflicting and inconsistent information over time. The Tribunal was also required to consider relevant Ministerial Directions, including Ministerial Direction No. 84, and country information from the Department of Foreign Affairs and Trade. The central legal issue was whether there were substantial grounds for believing that the applicant faced a real risk of significant harm if removed from Australia.

The Tribunal concluded that the applicant's credibility was a significant concern due to the inconsistencies in his statements. It found that the applicant had voluntarily returned to Sri Lanka and had an extensive criminal record. Considering all the evidence, including the applicant's history and the country information, the Tribunal was not satisfied that the applicant was at risk of serious harm. Consequently, the Tribunal affirmed the decision under review.