2206551 (Refugee)

This matter concerned an application for a protection visa by an applicant from Sri Lanka, who claimed to have converted from Buddhism to Christianity. The applicant alleged that upon his return visit to Sri Lanka, he and his mother faced harassment, threats, and violence from relatives and others due to their religious conversion, and that local police failed to provide adequate protection. The applicant's student visa had been cancelled, and he subsequently applied for a protection visa, with his application being refused by a delegate of the Minister for Home Affairs, leading to a merits review by the Tribunal.

The central legal issues before the Tribunal were whether the applicant met the criteria for a refugee status under Australian law, and if not, whether he was entitled to complementary protection. This required the Tribunal to assess the applicant's claims of a well-founded fear of persecution in Sri Lanka based on his religion, and to determine if there was a real chance he would suffer serious harm if returned. The Tribunal also had to consider whether the applicant could reasonably relocate within Sri Lanka to avoid harm or obtain protection from Sri Lankan authorities.

The Tribunal found that the applicant's evidence regarding his religious conversion, the alleged threats and violence, and the lack of official protection was vague and inconsistent. While acknowledging the existence of country information indicating intimidation and violence in Sri Lanka, the Tribunal concluded that the risk of official discrimination was low and that relocation to another area of Sri Lanka was reasonably practicable. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.