1500413 (Refugee)

This matter concerned an application for a Protection visa by a citizen of the Russian Federation. The applicant, an elderly, widowed woman, claimed she left Russia due to a fear of being killed for her flat by individuals who had made persistent and threatening offers to be made beneficiaries in her will, and due to the indifference and inaction of the Russian authorities when she sought assistance. She also stated a strong desire to be with her daughter who resides in Australia. The case came before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa, specifically whether she had established a well-founded fear of persecution for a Convention reason or a real risk of significant harm, and whether Australia owed her protection obligations under the Migration Act 1958 (Cth). The Tribunal was required to determine if the applicant had satisfied the onus of proof to demonstrate that the statutory elements for a Protection visa were made out, considering the evidence presented and relevant policy guidelines.

The Tribunal reasoned that the applicant bore the responsibility to satisfy it that all statutory elements were met, and that a decision-maker was not obliged to construct the applicant's case or accept allegations uncritically. Applying this principle, the Tribunal found that the applicant had not satisfied the criterion in section 36(2) of the Migration Act 1958 (Cth). There was no suggestion that she met the criteria based on being part of a family unit with a person who held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.