2007476 (Refugee)

The applicant sought a protection visa, claiming persecution in Zimbabwe due to his trade union activism. He alleged he was abducted, interrogated, and tortured on multiple occasions, and that his family had been harassed and assaulted. The applicant had been employed by [Employer 1] and was involved in union activities, including organising protests against increased fuel prices. He claimed to have been accused of being an organiser of these protests and that the government reacted with violence, surveillance, and the detention of perceived "enemies of the state." The applicant stated he left Zimbabwe legally in July 2019.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which concerns a well-founded fear of persecution for reasons of political opinion. The court also considered the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm as a consequence of removal from Australia. The court was directed to consider the Refugee Law Guidelines, Complementary Protection Guidelines, and country information from the Department of Foreign Affairs and Trade.

The court found the applicant's claims to be largely consistent and credible. It accepted his evidence of involvement in the [Employer 1] workers committee and his active participation in the union. The applicant provided detailed accounts of his election to these roles and his activities, such as collective bargaining and representing staff members. His knowledge of the financial services sector in Zimbabwe and the issues affecting workers was considered sophisticated. The court accepted that the applicant was a member of the pension fund board of trustees and later elected to the workers committee, where he engaged in representing workers and negotiating with management.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.