1904644 (Refugee)

This matter concerned an application for review of a decision to refuse to grant a protection visa to an applicant from Zimbabwe. The applicant claimed to fear harm from local ZANU-PF supporter thugs due to his perceived political opinion as a low-level and somewhat reluctant supporter of the Movement for Democratic Change (MDC). The Tribunal was required to consider the applicant's claims in light of the poor economic circumstances in Zimbabwe and relevant guidelines and country information.

The primary legal issue before the Tribunal was whether the applicant had established a real risk of suffering significant harm if returned to Zimbabwe, as required by section 36(2) of the Migration Act 1958. This involved assessing whether the risk was personal to the applicant, or if it was a general risk faced by the population, and whether internal relocation or protection from authorities would mitigate any such risk. The Tribunal also had to consider a section 438(1)(b) certificate issued by the Minister's delegate, which restricted the disclosure of certain information provided in confidence, and its relevance to the review.

The Tribunal reasoned that the risk claimed by the applicant was not one that would be faced by him personally, but rather a general risk faced by the population of Zimbabwe. It applied the principles outlined in section 36(2B) of the Act, which states that there is no real risk of significant harm where the risk is faced by the population generally and not by the applicant personally. The Tribunal also considered the applicant's status as a returnee from the West and his limited engagement with the MDC. Regarding the section 438(1)(b) certificate, the Tribunal found it to be valid but determined that the information it covered was irrelevant to the applicant's protection claims, as it related to the applicant fathering a child in Australia.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.