1508193 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant from Zimbabwe seeking a protection visa. The applicant claimed to fear persecution from Zimbabwe African National Union – Patriotic Front (ZANU-PF) supporters and militia upon return to Zimbabwe. These fears were based on his imputed political opinion as a supporter of the opposition Movement for Democratic Change – Tsvangirai (MDC-T), and as a member of a particular social group comprising his family, who are known MDC supporters.

The primary legal issue before the Tribunal was whether the applicant faced a well-founded fear of persecution on return to Zimbabwe, or a real risk of significant harm under complementary protection provisions. Specifically, the Tribunal had to determine if the applicant's family could constitute a particular social group for the purposes of the refugee definition, and if his imputed political opinion as an MDC supporter was a valid ground for persecution. The Tribunal was also required to consider country information and guidelines relevant to protection status determinations.

The Tribunal found that the applicant's family could indeed constitute a particular social group, referencing a previous AAT decision concerning his relative, [Relative 1], who was found to have a well-founded fear of persecution as an MDC supporter. Based on this precedent and the applicant's evidence of his family's history of supporting the MDC and experiencing threats and harm from ZANU-PF, the Tribunal was satisfied that the applicant, as a member of this particular social group, faced a well-founded fear of persecution. The Tribunal also independently accepted the applicant's claims regarding his own experiences, including past beatings and torture by ZANU-PF youth and militia, and his family's history of opposition to ZANU-PF, which led to the deaths of several family members under suspicious circumstances.

Consequently, the Tribunal was satisfied that the applicant met the criterion set out in s.36(2)(a) of the Migration Act, establishing that Australia has protection obligations towards him under the Refugees Convention. The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies s.36(2)(a).