BMP15 v Minister for Immigration and Border Protection

BMP15, a Sri Lankan citizen of Tamil ethnicity and Catholic faith, appealed against the decision of the Federal Circuit Court of Australia, which upheld the decision of the Refugee Review Tribunal to dismiss his application for a Protection (Class XA) visa. The appellant arrived in Australia by boat in 2012 and claimed that he had fled Sri Lanka due to the persecution he faced as a Tamil, a supporter of the Liberation Tigers of Tamil Eelam, and a member of social groups of illegal returnees. The Tribunal held that the appellant would not face persecution if returned to Sri Lanka because he would be released on bail through a family member acting as a guarantor and would face fines rather than imprisonment. The Federal Circuit Court held that the Tribunal did not err in law in reaching its decision. The appellant argued that the Tribunal failed to comply with its obligations in s 425(1) of the Migration Act 1958 (Cth) and s 499 of the Migration Act 1958 (Cth). The appellant submitted that the Tribunal did not consider the most recent country information, which indicated that he would require a family member to act as a guarantor to obtain bail upon his return to Sri Lanka. Further, the Tribunal made no findings as to whether a family member was available to act as a guarantor for the appellant and did not consider that the country information it did rely upon was outdated. The Court held that the Tribunal failed to consider the most recent country information and to make findings as to whether a family member was available to act as a guarantor for the appellant. The Court also held that the Tribunal erred in law in considering outdated country information. The appeal was allowed and the matter was remitted to the Tribunal for redetermination.