1819310 (Refugee)

The applicant, an Ethiopian woman of Amhara ethnicity, sought review of a decision by the delegate of the Minister to refuse her protection visa application. The applicant claimed to fear persecution upon return to Ethiopia due to her ethnicity, past support for the opposition group Ginbot 7, and her experiences as a woman who had suffered sexual violence and related mental health issues. She also feared persecution as a failed asylum seeker and from her ex-husband.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia, there was a real risk that she would suffer significant harm. This involved assessing her claims of persecution based on her ethnicity, political opinion, and membership in a particular social group, as well as considering her personal vulnerabilities and the availability of state protection in Ethiopia.

The court considered the applicant's evidence, including her background, her involvement with Ginbot 7 in Australia, and country information regarding the political and security situation in Ethiopia. It noted that the delegate had not been satisfied that Australia had protection obligations. The court applied the principles of refugee law and complementary protection, referencing Ministerial Direction No. 84 and relevant guidelines. The court found that the delegate's decision was affected by error and remitted the matter for redetermination.