1602390 (Refugee)

The applicants, a family unit from Ukraine, sought protection visas in Australia. The dispute arose when their applications were refused by the Department of Home Affairs. The matter was brought before the Federal Circuit and Family Court of Australia for review of the delegate's decision.

The court was required to determine whether the applicants had established a well-founded fear of persecution for reasons of their imputed political opinion or their religion, as members of the Party of Regions and the Russian Orthodox Church respectively. Additionally, the court needed to consider whether the applicants were members of the same family unit for the purposes of the *Migration Act 1958* (Cth) and its associated Regulations, and if the delegate had properly considered the evidence presented regarding threats and violence directed at the first applicant and his family.

The court considered the first applicant's claims of persecution stemming from his membership in the Party of Regions and his adherence to the Russian Orthodox Church. The evidence detailed threats, vandalism, and physical assault, allegedly perpetrated by ultranationalist and anti-Semitic groups in Ukraine, particularly in the context of the Euromaidan protests. The court noted that the first applicant had been targeted after dismissing employees involved in anti-government activities, leading to threats of violence against him and his family. The court also examined the definition of "member of the same family unit" under section 5(1) of the Act and regulation 1.12 of the Regulations, which includes spouses and biological children.

The delegate's decision was remitted for reconsideration. The court found that the delegate had not adequately considered all aspects of the applicants' claims, particularly concerning the imputed political opinion and the threats made against them. The court also confirmed that the applicants constituted a family unit as defined by the Act and Regulations.