1902698 (Refugee)

The applicant, an ethnic Oromo from Ethiopia, sought a protection visa, claiming fear of prosecution, imprisonment, and torture due to his past involvement with the Oromo Liberation Front (OLF) and participation in anti-government protests. He asserted he was imprisoned on two occasions and subject to outstanding arrest warrants. The delegate refused the visa, accepting the applicant's ethnicity and past involvement with the OLF and protests, but doubting the existence of an arrest warrant and the applicant's significant political profile. The delegate concluded that country information did not support claims of harm based on ethnicity and that the applicant's ability to depart Ethiopia suggested he was not of significant interest to authorities. The applicant sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the applicant had established that he would, if returned to Ethiopia, have a well-founded fear of persecution for reasons of his ethnicity and/or political opinion, such that Australia would have protection obligations towards him under the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims, the availability of state protection in Ethiopia, the reasonableness of relocation within Ethiopia, and the risk of harm based on extensive country information regarding the political instability and ongoing conflict in Ethiopia.

The Tribunal acknowledged the applicant's claims of imprisonment and outstanding arrest warrants, and his involvement with the OLF, which is now a registered political party but has a designated terrorist military wing. Despite minor embellishments in his evidence, the Tribunal found the applicant's core claims to be detailed and consistent. The Tribunal considered that modification of behaviour or relocation within Ethiopia would not be reasonable or effective in mitigating the risks he faced, and that state protection would not be available. Due to the previous Senior Member ceasing their appointment without delivering a decision, the matter was remitted to the current Tribunal member for determination.