2108296 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an Ethiopian citizen. The applicant claimed to have fled Ethiopia due to political persecution, including involvement with opposition parties and the unjust confiscation of family land, asserting a risk profile similar to that of the TPLF and their allies. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958.

The central legal issue was whether the applicant possessed a well-founded fear of persecution for reasons of political opinion, as defined by section 5J of the Act, or if there were substantial grounds for believing that removal from Australia would result in significant harm under section 36(2)(aa). The Tribunal acknowledged its obligation to consider the evidence presented by the applicant, while also noting that the onus was on the applicant to specify and establish the particulars of their claim, as per section 5AAA of the Act. The Tribunal also had regard to relevant Ministerial Directions and country information.

The Tribunal concluded that the matter should be remitted for reconsideration. While it did not make a final determination on the complementary protection criteria under section 36(2)(aa), it directed that the applicant satisfies the refugee criterion under section 36(2)(a) of the Act. This indicates that the Tribunal found the applicant to have a well-founded fear of persecution.