1912287 (Refugee)

The Administrative Appeals Tribunal reviewed a protection visa application made by an individual from Ethiopia. The applicant claimed to be a Tigray man with a well-founded fear of persecution due to his long-standing political activities against the current Ethiopian government and his opposition to the Tigray People's Liberation Front. The Tribunal was required to determine whether the applicant met the criteria for Australia to have protection obligations under section 36(2)(a) (as a refugee) or section 36(2)(aa) (complementary protection) of the Migration Act 1958.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines', as well as country information provided by the Department of Foreign Affairs and Trade. A significant aspect of the Tribunal's consideration involved the applicant's history of dishonesty in migration matters, including the use of a fake birth certificate for his son and misrepresenting his relationship with the child's mother in his partner visa application. The Tribunal noted that it is the applicant's responsibility to specify and provide evidence for their claim, and the Tribunal is not obligated to assist in establishing it.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The decision to remit was accompanied by a direction that the applicant satisfies section 36(2)(a) of the Act, indicating that the applicant was found to be a refugee. The Tribunal also noted that section 5H(2) of the Act might have relevance in this case.