1901138 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of an Ethiopian citizen. The applicant claimed to be a supporter of the Unity for Democracy and Justice party and a member of the Coalition for Unity and Democracy, also known as Ginbot 7. The core dispute concerned whether the applicant faced a real risk of significant harm or persecution if returned to Ethiopia, particularly in light of his alleged political activities and concerns about detention, torture, and the denial of access to medication for chronic health conditions.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act), relating to refugee status, or under section 36(2)(aa) of the Act, concerning complementary protection. This involved assessing whether there were substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia to Ethiopia. The Tribunal also considered the applicant's ability to enter another country, such as [Country 2], and whether he had a right to reside there.

In its reasoning, the Tribunal acknowledged the applicant's claimed identity as an Ethiopian citizen and noted that his claims would be assessed against Ethiopia as the country of reference. The Tribunal applied Ministerial Direction No. 84, taking into account relevant guidelines and country information. Crucially, the Tribunal concluded that the matter should be remitted for reconsideration. This decision was based on the finding that the applicant was not satisfied to have a right to enter [Country 2] or any other country, and the Tribunal indicated it would revisit this issue.

The final order of the Tribunal was to remit the application for reconsideration.