1806452 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to fear persecution in Ethiopia based on her ethnicity as an Amhara, her political opinion as a member of the Semayawi Party, and her religious affiliation as an Orthodox Christian. The applicant alleged past detention due to her political activities, and also claimed that family members were detained after her departure. She had previously returned to Ethiopia for a period and was not detained or harassed at that time.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, or political opinion, and whether there was a real chance she would suffer serious harm if returned to Ethiopia. Specifically, the Tribunal needed to assess the credibility of her claims regarding past detention and the detention of family members, and to evaluate the current country information regarding the safety of ethnic Amharas, political dissidents, and Orthodox Christians in Ethiopia. The Tribunal also considered the applicant's activities in Australia and whether they would increase her risk upon return.

The Tribunal accepted the applicant's evidence and country information that she was detained in 2013 due to her association with the Semayawi Party. However, it found her claims regarding the detention of her father and brothers upon her return to Ethiopia to be unsubstantiated. The Tribunal also found that due to the dissolution of the Semayawi Party and general improvements in freedom of expression in Ethiopia, there was no real chance of harm based on her past political opinion. Similarly, despite reported attacks on places of worship, the Tribunal found no real chance of harm based on her Orthodox Christian faith, as religious minorities generally coexist peacefully and can practice their faith openly. Crucially, the Tribunal accepted that the applicant, as an ethnic Amhara, faced a real chance of serious harm due to systematic and discriminatory conduct, particularly in light of ongoing ethnic tensions and violence between various groups, including the TPLF and Oromo militia, and the historical marginalisation and attacks against Amharas.

Consequently, the Tribunal was satisfied that the applicant is a person in respect of whom Australia has protection obligations under the Migration Act 1958 and is a refugee. The matter was remitted for reconsideration with a direction that the applicant satisfies the criterion set out in s 36(2)(a) of the Act.