The applicant, Ethiopian national, was rejected asylum application and contested the decision, by arguing that she has sufficiently motivated her political opinions which arise from a deep fundamental political conviction to stand up for Oromo people. She submitted evidence of her political activities and membership of Oromo association, including photos from participation in demonstrations in the Netherlands, posted online, and videos on Youtube. The applicant claimed that her activities could not be ignored by the Ethiopian authorities and that government officials are taking photos of protesters as well. Based on all facts, the applicant alleged to run a risk of persecution if returned to her country and continues her activities.

The Court of the Hague reiterated the provisions of the Articles 6 and 10 of the recast QD on the concept of political conviction and noted the unclarity in the decision of the determining authority of the concept of fundamental political conviction, as there is no framework or instruction for its application in practice and there is no clearance from the Geneva Convention or the QD. The Court further mentioned that the applicants’ political activities are uncontested and regardless of whether the political conviction is fundamental or not, the issue at stake is whether Ethiopian authorities have a negative interest in the matter, or the applicant would face persecution upon return.

The Court of the Hague held that the applicant had demonstrated that the authorities are aware of her activities for the OLF although she is currently in the negative interest from those authorities.

The Court noted that country of origin reports show that most fringe political activities of opponents abroad will not be noticed by the Ethiopian government, but the more the Ethiopian authorities see someone as a threat, the greater the risk that this person may run. The Court held that in light of the political activities of the applicant, her membership to the Oromo association and the relationship with a follower of the OLF, the applicant has sufficiently substantiated and made it plausible that her political activities can be regarded as more than marginal. The Court further stated that the applicant has reasons to fear persecution and due regarded has to be given to country of origin reports, including from the UK Home Office of November 2019 and Human Rights Watch of January 2020 where it is mentioned that persons belonging to the Oromo population because of their political expression or their ethnic background are still experiencing problems and state authorities cannot offer protection.

The Court of the Hague concluded that the applicant must be granted refugee status.