1703914 (Refugee)

The Administrative Appeals Tribunal considered the case of a child applicant from Ethiopia seeking a protection visa. The applicant's parents claimed to fear returning to Ethiopia due to the father's alleged past imprisonment and association with the Oromo Liberation Front (OLF), as well as the death of one uncle and the flight of another to seek refugee status. The applicant's mother presented with significant mental health issues, supported by psychological reports, which impacted her ability to provide evidence and raised concerns about her well-being and the applicant's development if returned to Ethiopia.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically considering claims of persecution based on political opinion and race, and also the complementary protection criterion under s.36(2)(aa) of the Migration Act 1958. This involved assessing the credibility of the parents' claims, the potential impact of their circumstances on the child, and the evidence of mental health issues affecting the mother and potentially the applicant. The Tribunal also had to consider the relevance of the father's alleged political activities in Australia and the potential consequences for the family upon return to Ethiopia.

The Tribunal applied the principles of s.36(2)(a) and s.36(2)(aa) of the Migration Act, considering whether there were substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal accepted that the applicant and his parents were of Oromo ethnicity. While the father's claims were not fully detailed in the provided text, the Tribunal noted the mother's significant mental health issues, supported by psychological reports, which indicated a risk of deterioration and potential inability to function if returned to Ethiopia. The Tribunal also considered Ministerial Direction No. 56 and relevant policy guidelines and country information.

Ultimately, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under s.36(2)(a) of the Migration Act. The matter was remitted for reconsideration with the direction that the applicant satisfies s.36(2)(a).