1507443 (Refugee)

The applicant, a man from Harare, Zimbabwe, sought a protection visa, fearing persecution from supporters and militia of the Zimbabwe African National Union – Patriotic Front (ZANU-PF) on the grounds of imputed political opinion as a supporter and activist of the Movement for Democratic Change – Tsvangirai (MDC-T). The applicant provided evidence of past harm, including medical reports and death certificates of family members, along with country information detailing the human rights situation for opposition supporters in Zimbabwe. The delegate had previously found only a remote chance of serious harm, suggesting internal relocation, but the applicant provided further statements and statutory declarations asserting his inability to be safe anywhere in Zimbabwe due to his family's long-standing support for the MDC.

The core legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution on return to Zimbabwe, or a real risk of significant harm under complementary protection provisions. This required the Tribunal to assess the current country information regarding political violence and repression in Zimbabwe, particularly in light of upcoming elections and the change in leadership, and to determine if the applicant's imputed political opinion would be the essential and significant reason for any harm he might face. The Tribunal also had to consider the availability of state protection and the feasibility of internal relocation as a means of avoiding harm.

The Tribunal considered extensive country information, including reports from the International Crisis Group, Human Rights Watch, and the UK Home Office, which indicated that despite a change in president, the ZANU-PF remained in power and exerted significant influence over state security institutions. The Tribunal noted that political violence historically increased during election periods in Zimbabwe and that ZANU-PF had a history of using threats and violence against political opponents. It found that the architects of past abuses remained in power and that the military and ZANU-PF's desire to retain power presented a concern of a return to violence. Consequently, the Tribunal was satisfied that the applicant faced more than a remote chance of serious harm on return to Harare due to his active MDC support, and that state protection was not available, nor was internal relocation a viable option given the national reach of the agents of harm.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act, finding that he faces a real chance of being threatened, intimidated, and physically assaulted on return to Harare by ZANU-PF supporters as an MDC supporter.