Judicial review dismissed; RAD reasonably found applicant failed to rebut presumption of state protection in Italy.
The applicant, an Ethiopian citizen who later became an Italian citizen, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing her refugee claim.
The RAD found she had not rebutted the presumption of state protection in Italy from her abusive former partner, despite her arguments regarding her intersectional profile and his alleged mafia connections.
The Federal Court found the RAD's decision reasonable, noting that subjective fear or reluctance to engage state authorities does not rebut the objective presumption of state protection.
The application for judicial review was dismissed.
Judicial review dismissed; RAD reasonably found former MP complicit in crimes against humanity.
The applicant, a former Member of Parliament in Ethiopia, sought judicial review of the Refugee Appeal Division's decision excluding her from refugee protection under Article 1F(a) of the Refugee Convention.
The RAD found her complicit in crimes against humanity by voting for a state of emergency in 2016, which facilitated a widespread and systematic attack on Oromo protesters involving arbitrary arrests and torture.
The Federal Court found the RAD's assessment of the applicant's voluntary, knowing, and significant contribution to be reasonable and dismissed the application for judicial review.
Judicial review allowed; officer failed to consider UNHCR refugee status and forward-looking risk.
The applicants, citizens of Eritrea and recognized as UNHCR refugees in Ethiopia, sought judicial review of a decision refusing their applications for permanent residence.
The Federal Court found no breach of procedural fairness but held that the immigration officer's decision was unreasonable because it failed to meaningfully consider the applicants' UNHCR refugee status and forward-looking risk.
The applications for judicial review were allowed and the matters remitted for redetermination.
