2103046 (Refugee)

The applicant, an Ethiopian national of Tigrayan ethnicity, sought review of a decision by the Minister to refuse to grant a protection visa. The Federal Circuit Court had previously remitted the matter for redetermination. The applicant claimed to fear persecution due to his race and an imputed political opinion, alleging he was a suspected member of the Ginbot 7 political party and opposed to the Tigray People’s Liberation Front (TPLF). He asserted that he had been targeted by the TPLF, including through attacks, arrests, and torture, and feared he would be killed if returned to Ethiopia.

The primary legal issue before the Court was whether the applicant had established a well-founded fear of persecution for a Convention reason, namely race or imputed political opinion, as defined by the *Migration Act 1958* (Cth). This required the Court to assess the applicant's claims of past persecution and the real chance of future persecution, considering the objective circumstances in Ethiopia, particularly concerning individuals of Tigrayan ethnicity and those perceived as opposing the TPLF.

The Court considered the evidence presented by the applicant, including his personal account of events and country information regarding the situation in Ethiopia. It applied the principles established in *Minister for Immigration and Ethnic Affairs v Teoh* and *Chan v Minister for Immigration and Ethnic Affairs*, focusing on whether the applicant's fear was subjectively genuine and objectively reasonable. The Court found that the applicant's claims of being targeted due to his Tigrayan race and imputed political opinion, including his alleged association with community groups and opposition to the TPLF, were credible and supported by the available country information. The Court concluded that there was a real chance the applicant would suffer harm amounting to persecution if returned to Ethiopia.

The Court set aside the Minister's decision and remitted the application for a protection visa to the Minister for reconsideration according to law.