1812039 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant, an Ethiopian national, a protection visa. The applicant claimed to fear persecution due to his political opinion as a member of the Semayawi (Blue) Party and his Amhara ethnicity, which he alleged carried a risk of harm from ethnic violence and potential forced conscription into the FANO Amhara militia.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the reasons specified in s.5J(1) of the *Migration Act 1958* (Cth). If not, the Tribunal also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Ethiopia, the applicant faced a real risk of suffering significant harm, as defined by s.36(2A) of the Act.

The Tribunal considered the applicant's evidence, including his political party membership and country information relating to Ethiopia. It found that the applicant satisfied the criterion for a protection visa under s.36(2)(a) of the Act, meaning he was considered a refugee. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets the s.36(2)(a) criterion.