2005215 (Refugee)

This matter concerned an application for a visa, heard by the Administrative Appeals Tribunal (the Tribunal). The applicant, an Oromo Christian from Ethiopia, claimed to have suffered persecution and harassment, including the killing of his mother and a direct threat to his life. The delegate of the Department of Home Affairs had previously been unsatisfied that there was a real chance of serious or significant harm based on country information and the applicant's profile. The Tribunal was required to conduct a reconstituted review of the decision, considering all evidence presented to the differently constituted Tribunal and any new evidence.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa. Specifically, the Tribunal had to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia to Ethiopia, the applicant would face a real risk of suffering significant harm, pursuant to section 36(2)(aa) of the relevant Act. This involved considering the meaning of "significant harm" as defined in sections 36(2A) and (2B) of the Act, and assessing the applicant's claims in light of mandatory considerations, including the Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The Tribunal considered evidence provided to the Department, as well as evidence before the Tribunal, including oral testimony from a previous hearing and independent country information regarding Ethiopia. The applicant's account detailed his orphaned status, his mother's alleged killing due to providing information to his brother who had fled to Australia, his attendance at boarding schools where children of former government officials were questioned by new government soldiers, and an incident where he was threatened with a gun and questioned about his brother. The Tribunal was obliged to determine the review based on the facts as they presented themselves at the time of its determination, having regard to the record of the proceeding as previously constituted.