1904948 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa for Burundi. The applicant claimed to be a member of the Hutu ethnic group, whose father was killed by Tutsi soldiers, and asserted a fear of persecution upon return to Burundi due to his ethnicity and his family's history. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution or, alternatively, if there was a real risk of significant harm if he were removed from Australia to Burundi.

The Tribunal's reasoning focused on assessing the applicant's claims against the criteria for a protection visa, specifically s.36(2)(a) (refugee status) and s.36(2)(aa) (complementary protection) of the *Migration Act 1958* (Cth). While acknowledging the applicant's identity and nationality as Burundian, the Tribunal found that the general security situation in Burundi had improved since the ethnically based civil war ended in 2005, and that the Arusha Agreement had been implemented. The Tribunal also considered the applicant's specific claims, including the fear of being recognised by those who killed his father and the potential vulnerability of returnees. However, the Tribunal concluded that the applicant had not established a well-founded fear of persecution for reasons of race, membership of a particular social group, or imputed political opinion. Furthermore, the Tribunal determined that there was no real risk of significant harm, as the general risks faced by the population did not apply to the applicant personally, and there was no indication that effective protection measures would not be available.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.