2004071 (Refugee)

This matter concerned an application for a protection visa by an Ethiopian national, who identified as Oromo and Muslim. The applicant, who was separated from her husband due to domestic violence, sought protection along with her two children. The dispute before the Tribunal was whether the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958.

The core legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, or membership of a particular social group, and whether there was a real chance of persecution in all areas of Ethiopia. Specifically, the Tribunal was required to consider claims relating to gender-based violence, the applicant's status as a single woman without male protection, her mental health, and significant economic hardship that threatened her capacity to subsist. The Tribunal also had to determine if effective protection measures were available to the applicant in Ethiopia and if her membership of the same family unit as the first named applicant was relevant.

The Tribunal acknowledged its obligation under section 5AAA of the Migration Act 1958, which places the onus on the applicant to specify all particulars of their claim and provide sufficient evidence. In its consideration, the Tribunal took into account Ministerial Direction No. 84, the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments for Ethiopia. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, indicating that the applicant's claims, including those related to gender-based violence and lack of effective protection, warranted further examination.