1619347 (Refugee)

This matter concerned an application for a protection visa by a journalist from Ethiopia. The applicant claimed she feared returning to Ethiopia due to her gender, her Eastern Orthodox faith, her ethnicity as an Oromo, a perceived association with the Oromo Liberation Front, and her anti-government stance, particularly if she resumed her journalistic work. The case was heard by Denis Dragovic.

The court was required to determine whether the applicant would face a real risk of significant harm upon return to Ethiopia, considering the changed political environment, the release of political prisoners, and the applicant's claims of persecution based on her ethnicity, political opinion, and gender. Specifically, the court had to assess the credibility of the applicant's claims regarding her family's experiences and her ability to access support from her extended family.

The court affirmed the decision under review, finding that the applicant had not established a real risk of significant harm. While accepting that the applicant's brothers had been taken away, the court found that the applicant's claims of having no family support were not credible, given the size of her extended family and past instances of accessing accommodation through family friends. The court applied the principles outlined in section 36(2B) of the Migration Act 1958 (Cth), which provides that a real risk of significant harm is not taken to exist in circumstances where it would be reasonable for the applicant to relocate within the country, or where the risk is faced by the general population and not personally by the applicant. The court also considered Ministerial Direction No. 84 and relevant guidelines.