2214370 (Refugee)

This matter concerned an appeal by a Sri Lankan national of Sinhalese ethnicity who sought a protection visa. The applicant claimed he was a supporter of the Sri Lanka Freedom Party (SLFP) and had worked for a Member of Parliament associated with that party. He alleged that due to this association, he faced threats and harm from members of the opposing United National Party (UNP), including incidents both in Sri Lanka and Australia. The applicant also claimed to be a Christian, despite being born into a Buddhist family.

The court was required to determine whether there were substantial grounds for believing that the applicant would suffer significant harm or a real chance of suffering serious harm as a necessary and foreseeable consequence of being removed to Sri Lanka. This involved assessing whether the applicant met the criteria for Australia to have protection obligations towards him under the Migration Act 1958 (Cth). The court also had to consider the credibility of the applicant's claims and the evidence provided to support them, including documentary evidence and the absence of certain witnesses.

The court found that the applicant's role within the SLFP was that of an unpaid supporter undertaking minor campaign activities, rather than a registered member or office holder. The court noted significant inconsistencies and a lack of detail in the applicant's testimony regarding his political involvement and the specific elections he claimed to have assisted with. Documentary evidence, such as a letter from the former Member of Parliament, was found to be of limited probative value, primarily confirming employment dates but not substantiating the claims of political persecution. The court also noted the absence of the applicant's sister as a witness to corroborate claims of threats made to the family, and that an affidavit from the applicant's father did not mention the alleged incidents. The court concluded that the applicant had not satisfied the onus of establishing a real risk of significant harm or that Australia owed him protection obligations.