2216176 (Refugee)

The applicant, a Sri Lankan national, sought review of a decision to refuse him a protection visa. He claimed to be the partner of a New Zealand citizen residing in Australia, with whom he had several Australian-born children. The applicant had entered Australia on a student visa in 2016, met his partner while studying, and subsequently ceased his studies. His student visa was cancelled in April 2019, leading to a period of unlawful residence and detention. An application for a Subclass 461 visa was finalised as invalid, prompting his protection visa application on 12 July 2019.

The primary legal issue before the Tribunal was whether the applicant faced a real chance of serious harm or a real risk of significant harm if returned to Sri Lanka, thereby satisfying the criteria for a protection visa under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth). The Tribunal was required to consider the applicant's claims regarding his personal circumstances, his family ties in Australia, his financial struggles due to lack of work rights, and the potential consequences of his return to Sri Lanka, including rejection by his family and mental suffering.

The Tribunal affirmed the decision to refuse the protection visa. It accepted the applicant's identity and his claimed migration history and family composition in Australia. However, the Tribunal concluded that the applicant had not demonstrated a real chance of serious harm or a real risk of significant harm upon return to Sri Lanka. The decision noted that the applicant did not satisfy the refugee criterion under s 36(2)(a) or the complementary protection criterion under s 36(2)(aa). Consequently, the applicant did not meet the criteria for the grant of a protection visa.