An Independent Merits Reviewer is not required to consider complementary protection under s 36(2)(aa) of the Migration Act if that provision had not been enacted at the time of the recommendation. A reviewer's consideration of a wider claim (young Tamil male from Jaffna District suspected of LTTE affiliation) adequately encompasses a narrower particular social group claim (young Tamil males from north Sri Lanka) without the need to separately categorise it. A reviewer's recording of an appellant's own words describing the LTTE as a 'terrorist organisation' does not give rise to apprehended bias.
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