1803772 (Refugee)

This matter concerned an appeal by a citizen of Ethiopia against the refusal of his protection visa application. The applicant, who is of Amharic ethnicity, claimed to have been involved in anti-government protests during his secondary schooling and university studies, and to have expressed critical views of the ruling party during vocational training. He alleged he had been beaten by security forces and that his brother had been detained. The applicant had not departed Australia since arriving in July 2015 and applied for a protection visa shortly before his visitor visa was due to expire.

The primary 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 1958 (Cth), and if not, whether he was entitled to complementary protection under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims of past persecution and his fear of future harm, taking into account country information and recent developments in Ethiopia, as well as the established legal tests for assessing a real risk of significant harm.

The Tribunal considered the applicant's claims in light of the country information and recent submissions regarding the deterioration of conditions and current tensions in Ethiopia. It noted that the applicant had not established a significant public political profile and that his fear of harm on political grounds was not substantiated. However, the Tribunal also acknowledged that the test for a real risk of harm extends to all areas and that effective protection measures may not be available. The Tribunal concluded that the matter should be remitted for reconsideration.