2305126 (Refugee)

This matter concerned an application for a protection visa by a Sri Lankan national of Tamil ethnicity. The applicant claimed he feared serious harm upon return to Sri Lanka due to his ethnicity, a past suspicion of LTTE membership, and his provision of evidence against members of the Karuna group. He also claimed fear of harm due to perceptions of wealth and as an illegal maritime arrival and failed asylum seeker. The Administrative Appeals Tribunal (Tribunal) was required to determine whether the applicant met the refugee criterion under section 36(2) of the Migration Act 1958 (Cth) or, alternatively, the complementary protection criterion under section 36(2)(aa).

The Tribunal considered the applicant's claims in light of country information regarding the situation in Sri Lanka, particularly the activities of the Karuna group and the LTTE, and the procedures for returnees. The Tribunal noted inconsistencies in the applicant's evidence over time and across multiple questionings, and found that his political social media activities and tattoo in Australia appeared to have been undertaken solely to strengthen his claim. The Tribunal also considered that the Karuna group members were protected by authorities at the time of the alleged events and were now part of the political process, and that the LTTE was no longer active.

The Tribunal was satisfied that the applicant was a Sri Lankan citizen and that Sri Lanka was the receiving country. However, it found that the applicant had not established a well-founded fear of persecution. The Tribunal concluded that the applicant had not demonstrated that he would suffer serious harm, as defined by the Act, upon return to Sri Lanka. Consequently, the Tribunal affirmed the decision under review.