1508583 (Refugee)

The applicant, a citizen of Ukraine, sought review of the Refugee Tribunal's decision to refuse to grant a protection visa. The applicant claimed to fear persecution on the basis of membership in a particular social group, namely men of compulsory military draft age in Ukraine, and on the basis of imputed political opinion, specifically a genuine conscientious objection to military service. The matter came before Lilly Mojsin, a delegate of the Refugee Tribunal.

The primary legal issues before the Tribunal were whether the applicant's fear of being compelled to undertake military service in Ukraine, given his conscientious objection, constituted a well-founded fear of persecution for reasons of membership in a particular social group or imputed political opinion. The Tribunal was required to assess whether the specific circumstances in Ukraine at the relevant time, including the ongoing conflict and conscription laws, placed the applicant within the scope of protection under the *Migration Act 1958* (Cth).

The Tribunal considered the evidence regarding Ukraine's military conscription laws and the realities of military service, particularly in the context of the conflict. It was noted that while military service is compulsory for men of a certain age, there are provisions for conscientious objection, though the effectiveness and accessibility of these provisions were a key consideration. The Tribunal found that the applicant had not established that he would be compelled to serve in the military in a manner that would amount to persecution, nor that his conscientious objection would be disregarded to the point of persecution. The Tribunal applied the principles established in refugee law concerning the definition of a "particular social group" and "political opinion," and the threshold for establishing a "well-founded fear of persecution."

The Tribunal concluded that the applicant had not demonstrated a well-founded fear of persecution for a Convention reason. Accordingly, the application for a protection visa was refused.