1603702 (Refugee)

The applicant, a citizen of Ukraine, sought review of a decision concerning her protection visa application. The dispute centred on her claims of a well-founded fear of persecution should she be returned to Ukraine, based on her past political affiliations and perceived pro-Russian sentiments. The matter came before the Federal Circuit and Family Court of Australia.

The court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of membership of a particular social group, specifically being a Russian-speaking ethnic Ukrainian with imputed pro-Russian and anti-Ukrainian views, and perceived support for separatist ideologies. The court also considered whether the applicant's past membership in the Communist Party of the Soviet Union and the Party of Regions, coupled with her limited proficiency in the Ukrainian language, would lead to her being persecuted by Ukrainian authorities or other actors in Ukraine.

The court affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution. The reasoning focused on the applicant's voluntary departure from Ukraine with a passport in her own name and her ability to travel legally. The court also considered the applicant's claims regarding interpreting errors and omissions, and the evidence presented, including information about the political climate in Ukraine and the applicant's personal circumstances. The court applied principles relating to the assessment of protection claims, including the assessment of past political affiliations and the concept of a particular social group. The court was not persuaded that the applicant's membership in the Communist Party or the Party of Regions, or her language abilities, would place her at real risk of persecution.