1935343 (Refugee)

The applicant, a national of the Democratic Republic of Congo (DRC) of Tutsi ethnicity, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution in the DRC, based on his race, imputed political opinion, and membership in a particular social group. The case was before the Tribunal, which considered the applicant's personal circumstances and extensive country information regarding the socio-political conditions in the DRC.

The Tribunal was required to determine if the applicant faced a real chance of persecution in the DRC for reasons of race, membership of a particular social group, or political opinion, as defined by section 5J of the relevant Act. This involved assessing whether the applicant's familial links to a known government agency worker, coupled with his Tutsi ethnicity, would lead to him being imputed with an anti-government political opinion and consequently targeted by DRC authorities and their agents. The Tribunal also had to consider the nature of the harm the applicant might face, specifically whether it would amount to serious harm, and whether any protection measures were available within the DRC.

The Tribunal found that the applicant, being of Tutsi ethnicity and having strong familial ties to a known government agency worker, faced a real chance of being imputed with an anti-government political opinion in the DRC. This, combined with past experiences of fleeing violence and attacks, led the Tribunal to conclude that upon return to the DRC, the applicant would likely be detained, interrogated, and harmed. The Tribunal determined that this risk constituted serious harm, including threats to life or liberty, significant physical harassment, and denial of basic subsistence or livelihood. The Tribunal found that the persecution would be perpetrated by DRC authorities and non-state actors, and that no effective protection measures were available to the applicant in any part of the DRC.

Consequently, the Tribunal found that the applicant had a well-founded fear of persecution for reasons of race, membership of a particular social group, and imputed political opinion, and that the real chance of persecution related to all areas of the DRC. The Tribunal concluded that the applicant met the criteria for the grant of a protection visa.