1904450 (Refugee)

This matter concerned an application for a protection visa by an individual of Oromo ethnicity and Protestant Christian faith from Ethiopia. The applicant's case involved a history of family detention and torture, a prior finding of not guilty in relation to association with the Oromo Liberation Front (OLF), and periods of travel both within and outside Ethiopia. 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), specifically whether they were a refugee owing to a well-founded fear of persecution.

The Tribunal considered the applicant's ethnicity, religion, and past experiences in light of the evolving political and security situation in Ethiopia, particularly in the Oromia region. The court examined the definition of a refugee and a well-founded fear of persecution, including the grounds of race, religion, nationality, membership of a particular social group, and political opinion. Key to the assessment was the country information regarding the Oromo ethnic group, the Oromo Liberation Army (OLA), and the general human rights situation in Ethiopia, including the risk of arbitrary arrest, detention, torture, and sectarian violence. The Tribunal also considered the applicant's specific history, including his father's alleged support for the OLF, his own arrest and acquittal in 2011, a subsequent period of detention in 2017, and his brother's imprisonment.

The Tribunal found that while being Oromo alone did not establish a risk of serious harm, it was a relevant factor when considered with the applicant's other characteristics. The Tribunal was satisfied that the applicant was a member of a particular social group defined by his Oromo ethnicity from the south-western region, his family history of detention and torture, his prior acquittal for OLF association, his application for protection in Australia before October 2018, and his travel history. The Tribunal concluded that there was a real chance the applicant would be suspected of OLA involvement or support upon return to Ethiopia, leading to detention and torture without judicial redress. Furthermore, the Tribunal found a real chance of the applicant being exposed to sectarian violence. Consequently, the Tribunal determined that the applicant had a well-founded fear of persecution for reasons of race, religion, and membership of a particular social group. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criteria under section 36(2)(a) of the Migration Act.