1811082 (Refugee)

This matter concerned a protection visa review application by an Ethiopian national. The applicant claimed to fear persecution upon return to Ethiopia due to her involvement with the banned organisation Ginbot 7, her mixed Amhara and Oromo ethnicity, and her status as a single mother facing domestic violence and threats from her former husband. The applicant also raised concerns about increased ethnic violence, particularly against Amhara people, and the prevalence of domestic violence in Amhara State. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the refugee criterion under section 36(2)(a) of the Migration Act 1958, or alternatively, the complementary protection criterion under section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims individually and cumulatively. It noted that the applicant was an Ethiopian citizen and that Ethiopia was her receiving country, and that she was not excluded from protection under section 36(3) of the Act. The Tribunal applied the principles of complementary protection, which require a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal also had regard to Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments from the Department of Foreign Affairs and Trade.

The Tribunal concluded that the applicant satisfied the complementary protection criterion under section 36(2)(aa) of the Migration Act 1958. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets this criterion.