2109844 (Refugee)

The applicant, an Ethiopian national of Oromo ethnicity, sought review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Ethiopia due to his ethnicity and his family's involvement in political processes concerning both Oromo and Ethiopian affairs. He also asserted that he was a member of a particular social group, namely medical workers, and that state protection would be unavailable to him.

The Federal Circuit Court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of his ethnicity, imputed political opinion, or membership of a particular social group. Specifically, the court had to consider whether the alleged persecution of his family members and the applicant's own involvement with the Oromo diaspora in Australia were sufficient to establish a real chance of harm amounting to persecution. Furthermore, the court needed to assess whether the applicant could access effective protection from the Ethiopian state.

The court found that the delegate had erred in assessing the applicant's claims. It was held that the delegate failed to adequately consider the evidence regarding the persecution of the applicant's family members and the broader context of persecution faced by Oromos in Ethiopia. The court also determined that the delegate had not properly assessed the applicant's claim to be a member of a particular social group, nor had the delegate adequately considered the availability of state protection. Consequently, the court concluded that the delegate's decision was affected by jurisdictional error.

The decision of the delegate was set aside, and the matter was remitted to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to be determined by a different delegate according to law.