1823335 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Ethiopia based on her ethnicity, imputed political opinion, and membership in a particular social group. The dispute concerned whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth). The matter was before the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of race, political opinion, or membership of a particular social group. Specifically, it needed to assess whether there was a real chance the applicant would suffer serious harm if returned to Ethiopia, and if such harm would involve systematic and discriminatory conduct. The Tribunal also had to consider whether effective protection measures were available to the applicant in Ethiopia.

The Tribunal considered extensive country information regarding the volatile political and social situation in Ethiopia, including inter-ethnic tensions, government actions against opposition groups, and widespread human rights abuses. It accepted that the applicant's fear of persecution involved systematic and discriminatory conduct against ethnic Oromos. The Tribunal found that the applicant's father was an OLF supporter and had disappeared after attending a protest, leading to an imputed political opinion. It also accepted the applicant's evidence of her own opposition to government policies and her advocacy for the Oromo people. However, due to the passage of time and lack of evidence of continued involvement with opposition parties, the Tribunal did not accept a real chance of harm based on her actual political opinion. The Tribunal also found that as a divorced single woman with a child, the applicant faced a real chance of serious harm due to the prevalence of domestic and sexual violence in Ethiopia and the lack of effective state protection.

Consequently, the Tribunal remitted the decision to the delegate for reconsideration, accepting that the applicant had established a real chance of serious harm based on her ethnicity and her status as a divorced single woman with a child, thereby meeting the criteria for a protection visa.