1828833 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse her application for a protection visa. The applicant, an ethnic Amhara from Ethiopia, claimed to fear persecution upon return to her home country due to her alleged political activism and association with an opposition movement. The Tribunal considered evidence presented by the applicant, including reports on the human rights situation in Ethiopia, and evidence from witnesses.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 36(2)(a) of the *Migration Act 1958* (Cth). This involved assessing whether there was a real chance that the applicant would suffer serious harm if returned to Ethiopia, and whether any such risk was due to factors that engaged Australia's protection obligations. The court also considered whether effective protection measures were available to the applicant in Ethiopia.

The court affirmed the Tribunal's decision, finding that the applicant had not demonstrated a well-founded fear of persecution. While acknowledging the general human rights concerns in Ethiopia and the applicant's stated involvement in protests and community activities, the court found that the evidence did not establish a real chance of serious or significant harm to the applicant personally. Specifically, the court noted that the applicant's claimed political activism was not substantiated with sufficient evidence, and her association with her former husband, whose military role was mentioned, did not, in the circumstances, create a risk of harm. The court concluded that the applicant had not met the criteria for a protection visa.