1703498 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Ethiopia. The applicant claimed he feared persecution due to his membership in the Tigray People’s Democratic Movement (TPDM) and also claimed he would face harm as a failed asylum seeker and a ship deserter upon return to Ethiopia. The decision reviewed by the court was made by the Refugee Tribunal.

The primary legal issues before the court were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) based on a well-founded fear of persecution for reasons of political opinion, and alternatively, whether he met the complementary protection criterion under section 36(2)(aa) of the Act, which requires substantial grounds for believing that as a necessary and foreseeable consequence of removal, there is a real risk of significant harm. The court also considered the applicant's claims regarding his membership in the TPDM, the alleged actions of its former leader, and the risk of harm from Ethiopian authorities due to his desertion of a ship.

The court affirmed the Tribunal's decision, finding that the applicant's claims regarding his membership in the TPDM and the associated risks were not sufficiently credible. The Tribunal noted inconsistencies in the applicant's evidence, including evasive answers regarding the procedures for TPDM membership and the secrecy surrounding his involvement. Furthermore, new claims were raised late in the process, and the court found that the applicant had not established a well-founded fear of persecution for reasons of political opinion. The court also considered the applicant's claims of being a ship deserter and a failed asylum seeker, but these did not lead to the conclusion that he met the criteria for a Protection visa.

Consequently, the Tribunal's decision to affirm the refusal of the Protection visa was upheld.