1925876 (Refugee)

This matter concerned an application for a protection visa by a national of Ethiopia. The applicant claimed he feared persecution due to his Amhara ethnicity, his profile as a young male, and his father's political activities on behalf of the Amhara people. The delegate had expressed concerns about the applicant's credibility due to his involvement in a previous visa application that had integrity concerns. The Tribunal, presided over by Sean Baker, considered whether there was a real chance the applicant would be persecuted on return to Ethiopia or, alternatively, whether there was a real risk he would suffer significant harm.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm, and whether the delegate's adverse credibility finding was justified. The Tribunal was required to assess the applicant's claims in light of relevant country information and the provisions of the Act concerning well-founded fear of persecution and significant harm, including the availability of effective state protection and the reasonableness of internal relocation.

The Tribunal found that the delegate's reasoning for disbelieving the applicant's claim of no involvement in the previous visa application was not persuasive. It concluded that the applicant's status as a dependent on that visa did not automatically cast doubt on his general credibility. Consequently, the Tribunal determined that the matter should be remitted for reconsideration. The Tribunal directed that the applicant satisfies the criterion under section 36(2)(aa) of the *Migration Act 1958* (Cth), indicating a real risk of significant harm upon removal from Australia.