1514459 (Refugee)

The applicant, a national of Ukraine, sought review of the decision not to grant her a protection visa. She claimed to fear persecution from Ukrainian authorities and non-state agents due to her failure to attend a military reserve appointment, the possibility of being drafted into the military, and general civil unrest and corruption in Ukraine. She also cited a past incident at a violent protest and concerns about her financial support.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved assessing whether she was a refugee within the meaning of Article 1A(2) of the Refugee Convention, as defined and qualified by sections 91R and 91S of the Act, or whether she qualified for complementary protection under section 36(2)(aa) of the Act. The Tribunal was required to determine if she had a well-founded fear of persecution for a Convention reason, or a real risk of suffering significant harm upon removal from Australia.

The Tribunal considered the applicant's evidence, including her oral testimony and documentary material such as her passport and military service booklet. It found the applicant to be a credible witness and accepted her Ukrainian nationality. However, the Tribunal determined that the applicant's fear of being drafted into the military was not well-founded, noting that she had not received further notices and that her departure from Ukraine had not resulted in any adverse action from the authorities. The Tribunal also found that general civil unrest and violence in Ukraine did not constitute persecution for a Convention reason, as such risks were faced by the population generally and not specifically by the applicant. Furthermore, the Tribunal concluded that the applicant did not face a real risk of significant harm upon return to Ukraine, and therefore did not meet the criteria for complementary protection.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.