1805875 (Refugee)

The applicant, a citizen of Zimbabwe, sought a protection visa. The dispute concerned whether the applicant had established a real risk of suffering significant harm if returned to Zimbabwe, specifically due to his membership and activities within the MDC political party and his Ndebele ethnicity. The matter came before the Federal Circuit Court following a remittal from the Federal Circuit Court.

The primary legal issue before the court was to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth), particularly in light of the circumstances described in section 36(2B) of the Act. This involved assessing whether there was a real risk of significant harm to the applicant, considering the possibility of internal relocation, the availability of protection from Zimbabwean authorities, or if any risk was faced by the general population rather than personally by the applicant.

The court considered the applicant's account of being attacked and threatened by ZANU-PF youth supporters due to his political affiliation and Ndebele ethnicity. The applicant detailed injuries sustained and his fear of persecution by government security apparatus and ZANU-PF supporters. However, the Tribunal affirmed the decision not to grant the visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Act. The court's decision was that the applicant did not meet the requirements for a protection visa.