1811643 (Refugee)

This matter concerned an application for a Protection visa by a national and citizen of Ethiopia. The applicant claimed to be at risk of persecution due to her Oromo ethnicity and alleged past involvement with the Oromo Liberation Front (OLF). The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she qualified as a refugee or alternatively met the complementary protection criterion.

The central legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of her race or political opinion, thereby meeting the definition of a refugee under section 36(2)(a) of the Migration Act 1958, or whether, failing that, there was a real risk of significant harm to her as a necessary and foreseeable consequence of removal to Ethiopia, satisfying the complementary protection criterion under section 36(2)(aa). The Tribunal also considered the provisions relating to effective protection measures and the possibility of reasonable relocation within Ethiopia.

The Tribunal, presided over by Peter Haag, considered the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information from the Department of Foreign Affairs and Trade. While accepting the applicant's nationality and citizenship of Ethiopia, the Tribunal found inconsistencies in her evidence and raised credibility concerns. Ultimately, the Tribunal concluded that the applicant did not satisfy the refugee criterion. Furthermore, the Tribunal found that the applicant had not established a real risk of significant harm upon return to Ethiopia, nor had she demonstrated that relocation within Ethiopia or access to protection within Ethiopia would be unreasonable.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection (Class XA) (Subclass 866) visa.