1809526 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant a protection visa. The applicant, an Ethiopian national of mixed Amhara and Oromo heritage, claimed to fear harm from Oromo and Tigray people due to widespread ethnic conflict in Ethiopia. She also alleged past persecution, including arrest and mistreatment, stemming from her support for the opposition Coalition for Unity and Democracy Party (CUDP) in the lead-up to the 2010 and 2015 elections. The applicant arrived in Australia in May 2015 and applied for a protection visa in September 2015. The delegate refused the visa in March 2018 due to credibility concerns, leading to the applicant's application for review.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of race, ethnicity, or political opinion, as defined by the Migration Act 1958 (Cth), and if not, whether there were substantial grounds to believe that her removal from Australia would result in a real risk of significant harm. The Tribunal was required to consider the applicant's claims in light of contemporary country information and the relevant provisions of the Act, including those pertaining to refugee status and complementary protection.

The Tribunal considered the applicant's claims of mixed ethnicity and her stated fear of harm from Oromo and Tigray people within the context of ethnic conflict. It also examined her assertions of political persecution due to her past involvement with the CUDP, including alleged arrests and mistreatment by the then-ruling Ethiopian People’s Revolutionary Democratic Front (EPRDF). The Tribunal assessed the documentary evidence provided, including identity documents, party pamphlets, and letters from the CUDP, alongside country information. The Tribunal found that the applicant was a person in respect of whom Australia had protection obligations and satisfied the criterion set out in s.36(2)(a) of the Migration Act.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s.36(2)(a) of the Migration Act.