2405713 (Refugee)

This matter concerned an application for review of a decision to refuse to grant a protection visa to a Sri Lankan national. The applicant, who migrated to Australia as a child, had developed significant cognitive impairments and mental health conditions, leading to criminal offences, imprisonment, and the cancellation of his resident return visa. He had resided in Australia for a long period, converted to Christianity, and had no family or support in Sri Lanka. The applicant sought review of the delegate's decision that he did not face a real chance of serious harm or a real risk of significant harm if returned to Sri Lanka.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether he was a refugee due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also noted that a separate assessment under section 36(1C) of the Act, relating to the applicant's character, was required but was not before it.

The Tribunal found that the applicant was a refugee and remitted the application to the Department with a direction that the applicant satisfied section 36(2)(a) of the Act. This conclusion was based on extensive reports from practitioners, country information regarding Sri Lanka's political and economic conditions, the quality and accessibility of health services, and societal stigma. The Tribunal considered the applicant to be a member of a particular social group of persons suffering from significantly impaired functioning, and that any persecution would involve systematic and discriminatory conduct. The Tribunal expressed no view on whether the applicant satisfied section 36(1C) of the Act, as that question was not before it.