2305767 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Sri Lankan national who claimed to fear persecution from his ex-wife's family due to his bisexuality. The applicant alleged that his ex-wife's family, who possessed strong political and underworld connections, discovered his sexual orientation and had threatened him, leading him to flee Sri Lanka. The delegate had refused the application, noting a lack of detail and the applicant's failure to provide further information when requested.

The legal issues before the Tribunal were whether the applicant met the criteria for a refugee status under section 36(2)(a) of the Migration Act 1958, or alternatively, whether he qualified for complementary protection under section 36(2)(aa) of the Act. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically homosexuals or bisexuals in Sri Lanka, and whether effective protection measures were available to him in Sri Lanka.

The Tribunal found that the applicant's claims, as elaborated in a statement provided on review, warranted further consideration. It noted that the applicant's bisexuality, combined with threats from his ex-wife's family, could constitute membership of a particular social group. The Tribunal also considered the applicant's assertion that he could not seek protection from Sri Lankan authorities due to the family's connections. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant satisfies the criteria under section 36(2)(a) of the Act.