2203185 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by an applicant from Zimbabwe. The applicant claimed that if returned to Zimbabwe, he would face a real risk of harm due to an imputed political opinion, his extended absence in a country perceived as sympathetic to the opposition, and his status as a criminal deportee. He specifically highlighted the heightened risk in the lead-up to an election, where the ruling ZANU–PF party, known for employing violence and intimidation, might face a challenge from the opposition MDC.

The Tribunal was required to determine whether the applicant had established a real risk of persecution or significant harm should he be returned to Zimbabwe. This involved assessing the credibility of his claims regarding his imputed political opinion, his association with the MDC through family members, and the potential dangers arising from his avoidance of compulsory military service. The Tribunal also considered the general political climate in Zimbabwe, including the history of State-sanctioned violence and extrajudicial killings, particularly in the context of elections.

The Tribunal considered evidence including the applicant's Zimbabwean birth certificate and Australian driver's licence, finding no reason to doubt his identity. It acknowledged the applicant's consistent claims from the outset of his application. The Tribunal noted that the applicant's evidence regarding his departure to avoid compulsory military service with the "Green Bombers" presented a further aspect of his claims, which he had not fully appreciated the significance of at an earlier stage. The Tribunal found that the applicant's claims, particularly concerning his family's connection to the MDC and the potential for imputed political opinion, warranted further consideration. The decision under review was ultimately remitted.