1601454 (Refugee)

The applicant, a young man from Harare, Zimbabwe, sought a protection visa on the grounds that he feared persecution from Zimbabwe African National Union – Patriotic Front (ZANU-PF) supporters and youth militia due to his imputed political opinion as a supporter and activist of the Movement for Democratic Change (MDC). The dispute concerned whether the applicant faced a well-founded fear of persecution or a real risk of significant harm upon return to Zimbabwe. The decision was made by Nicole Burns, a member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or a real risk of significant harm on return to Zimbabwe, based on his imputed political opinion. This involved assessing the credibility of his claims, the evidence presented, and relevant country information regarding the political situation in Zimbabwe, including the role of ZANU-PF and the availability of state protection.

The Tribunal found the applicant to be a credible witness, accepting his detailed account of his and his family's support for the MDC, his political activism, and the harm he suffered, including abduction, assault, rape, and torture by ZANU-PF youths in 2013. This was corroborated by his relative's evidence and supported by documentary and photographic evidence. The Tribunal considered country information indicating that despite changes in leadership, ZANU-PF remained in power and retained significant control over state security institutions, which were used to target MDC supporters. It was concluded that state protection was unlikely to be available and that relocation within Zimbabwe would not offer safety. The Tribunal was satisfied that the applicant faced a real chance of being threatened, intimidated, and physically assaulted by ZANU-PF supporters due to his imputed political opinion, and that this harm was systematic and discriminatory.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Act, meaning he is a person in respect of whom Australia has protection obligations under the Refugees Convention.