Calimoso v Minister for Immigration

Calimoso (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who was of Sri Lankan origin, claimed to fear persecution in Sri Lanka due to his alleged involvement with the Liberation Tigers of Tamil Eelam (LTTE). The matter came before Judge Street in the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically for being a member of a particular social group, namely former members of the LTTE. This required the Court to assess the applicant's credibility and the objective circumstances in Sri Lanka relevant to individuals with his alleged past affiliations.

Judge Street considered the evidence presented by the applicant, including his account of his alleged involvement with the LTTE and the reasons for his fear of return. The Court applied the principles established in *Chan v Minister for Immigration and Ethnic Affairs* [1989] HCA 60, which require an assessment of whether the fear is objectively reasonable, taking into account both the subjective fear of the applicant and the objective country information. The Court found that the applicant's evidence was not sufficiently credible or detailed to establish a well-founded fear of persecution on the grounds alleged.

The application for judicial review was dismissed.