1620511 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse to grant the applicant, an Ethiopian national, a protection visa. The applicant claimed he feared persecution upon return to Ethiopia due to his past involvement as an officer in the People’s Democratic Republic of Ethiopia (PDRE) Army, his subsequent work interpreting for asylum seekers and political opponents of the Ethiopian government, and his role as a pastor accused of preaching anti-government views.

The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, such that Australia had protection obligations towards him. This involved assessing the applicant's credibility, the plausibility of his claims, and whether he had a current and existing right to reside in any country other than Ethiopia. The court also considered the weight to be given to the 2020 DFAT Country Information Report, which the applicant contended was unreliable due to a lack of cited sources and unclear dating of information.

The Tribunal acknowledged the applicant's claims, individually and cumulatively, and considered the most recent DFAT Country Information Report. It found that while it was plausible the applicant retained refugee status in [Country 2], the material before it was insufficient to establish a current and existing right to reside there, given the time elapsed since his departure and changes in [Country 2]. Similarly, the Tribunal accepted the applicant no longer had a current right to reside in [Country 1]. Consequently, the Tribunal found that section 36(3) of the Migration Act 1958, which deals with third country protection, did not apply.

The Tribunal concluded that the decision under review should be remitted for reconsideration.