2007447 (Refugee)

The applicant sought a protection visa, claiming persecution in Zimbabwe due to his membership and activism within the Movement for Democratic Change (MDC) party, and also due to his HIV positive status and associated difficulties in accessing medication. The applicant alleged he had been assaulted, arrested, tortured, raped, denied food, and threatened with death in Zimbabwe, and that attempts to seek police assistance were futile as the ruling party controlled law enforcement. The matter came before the Tribunal for review.

The 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 alternatively, under section 36(2)(aa) as a person in respect of whom Australia has protection obligations due to a real risk of significant harm upon removal. Specifically, the Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and if effective protection was available in Zimbabwe.

The Tribunal found the applicant's evidence regarding his background and political involvement with the MDC to be credible and largely consistent. It accepted that the applicant had been an active MDC member since 2000, holding a leadership role in his local unit, and had participated in various political activities. The Tribunal also accepted evidence of the political involvement of the applicant's mother and sister, who had also been recognised as persons in respect of whom Australia had protection obligations. Considering country information from the Department of Foreign Affairs and Trade and other sources, the Tribunal concluded that opposition members and supporters in Zimbabwe continued to face targeting, harassment, intimidation, and violent disruption from authorities. The Tribunal found a real chance that the applicant would suffer serious harm, including significant physical harassment and ill-treatment, due to his political opinion opposing the ZANU-PF government, and that effective protection was not available in Zimbabwe. While noting the applicant's HIV positive status as a factor increasing vulnerability, the Tribunal found it unnecessary to assess the remaining claims in light of its findings on political opinion.

The Tribunal was satisfied that the applicant had a well-founded fear of persecution for reasons of political opinion and met the definition of a refugee under section 5H(1)(a) of the *Migration Act*. Consequently, the Tribunal was satisfied that Australia had protection obligations towards the applicant under section 36(2)(a). The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).