1702744 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of an Ethiopian national. The applicant, who is of Amhara ethnicity and Orthodox Christian religion, claimed to fear persecution in Ethiopia due to her race, religion, membership in the particular social groups 'women' and 'single women in Ethiopia', imputed political opinion stemming from her parents' anti-government views, and her profile as an asylum seeker in Australia. She also claimed complementary protection on the basis that she would face a real risk of significant harm if returned to Ethiopia. The applicant had entered Australia on a temporary visa and subsequently married an Australian citizen, with whom she had an Australian citizen child.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1994 (Cth) (the refugee criterion) or section 36(2)(aa) (the complementary protection criterion). This involved assessing whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing she would suffer significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to consider relevant country information and guidelines.

The Tribunal accepted the applicant's personal background and her Ethiopian nationality. After considering the evidence and applying the principles of the Refugees Convention and relevant Ministerial Directions, the Tribunal was satisfied that the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies this criterion.