2200477 (Refugee)

This matter concerned an application for a protection visa by a citizen of Ethiopia and her family. The primary applicant claimed she feared persecution upon return to Ethiopia due to accusations of supporting the TPLF, alleged harassment of her family by Ethiopian intelligence agencies, and the abduction of a sibling. The delegate had not accepted these claims, relying on country information from 2020. The applicants also raised concerns about the quality of interpreting during their interview with the Department and argued that the country information used by the delegate was outdated. The Tribunal considered whether the applicants were persons to whom Australia owed protection obligations.

The legal issues before the Tribunal included whether the primary applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and whether there was a real risk of significant harm as a necessary and foreseeable consequence of removal to Ethiopia. The Tribunal also had to consider the relevance and currency of the country information relied upon by the delegate, and whether the applicants had been afforded a reasonable opportunity to present their claims. The Tribunal was required to apply the provisions of the *Migration Act 1958* (Cth), including sections relating to the definition of a refugee, well-founded fear of persecution, and complementary protection.

The Tribunal concluded that the matter should be remitted for reconsideration. It found that the applicants had raised substantial issues regarding the currency of country information and the quality of the initial interview. The Tribunal directed that the first applicant should be found to satisfy section 36(2)(a) of the *Migration Act*, and that the other applicants should satisfy section 36(2)(b)(i) on the basis of their membership in the same family unit as the first applicant.