1824383 (Refugee)

The applicant, an Ethiopian national of mixed Tigray and Eritrean (Tigrinya) ethnicity, sought protection in Australia, claiming fear of serious harm upon return to Ethiopia. Her claims were based on past membership and support for the Ethiopian People’s Patriotic Front (EPPF), a formerly proscribed opposition group, her mixed ethnicity, and her Orthodox Christian religion. The matter came before the Tribunal for reconsideration following a remittal from the Federal Circuit Court.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of her actual or imputed political opinion and her race, and whether the Ethiopian state could provide adequate protection. Specifically, the Tribunal needed to assess the risk of harm from both authorities and the community, considering the volatile political and ethnic landscape in Ethiopia, and whether internal relocation would be a safe option.

The Tribunal considered extensive country information detailing escalating ethnic violence, political instability, and a breakdown in local governance in Ethiopia. It accepted the applicant's past involvement with the EPPF, her desire for ethnic unity in Ethiopia, and the possibility that her past support for the organisation might be known to authorities. The Tribunal also acknowledged the heightened risk faced by Tigrayans due to inter-ethnic violence and backlash against their perceived political privilege. Weighing these factors, the Tribunal was satisfied that the applicant faced a real chance of serious harm amounting to persecution due to her actual or imputed political opinion and her ethnicity, and that state protection would not be available. It further found that internal relocation was not a safe option.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion under s.36(2)(a) of the Migration Act, finding that Australia has protection obligations towards her under the Refugees Convention.