1516123 (Refugee)

The applicant sought review of a decision by the delegate of the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant claimed to fear persecution by the former USSR Ukrainian and Russian government apparatus, alleging a long history of systematic harm and surveillance against their extended family, and personal targeting. The applicant also claimed membership in the Batkivshchyna Party as a basis for their fear.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act), which requires a well-founded fear of persecution for reasons of political opinion, or under section 36(2)(aa) of the Act, which concerns complementary protection obligations due to a real risk of significant harm upon removal from Australia. The Tribunal was required to consider the applicant's claims in light of relevant country information and policy guidelines, including the definition of "significant harm" and the availability of effective protection measures.

The Tribunal considered the extensive evidence presented by the applicant, including documents relating to family illnesses, deaths, court matters, photographs of political protests, and a membership card for the Batkivshchyna Party. However, the Tribunal found inconsistencies and credibility concerns within the applicant's evidence. Specifically, the Tribunal noted that recent country information did not indicate that members of the Batkivshchyna Party faced persecution in Ukraine, and that the party operated freely with parliamentary representation. Furthermore, the Tribunal found that the applicant had not established a well-founded fear of persecution for reasons of political opinion, nor a real risk of significant harm upon return to Ukraine.

Consequently, the Tribunal affirmed the delegate's decision not to grant the protection visas, finding that the applicants did not satisfy the criteria under section 36(2)(a) or (aa) of the Act.