1604053 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicants were a mother and her daughter, both citizens of the Russian Federation. The dispute centred on the applicants' claims of fearing persecution in Russia due to the mother's alleged bisexuality and affiliation with Judaism, and the daughter's alleged association with these beliefs. The court was required to determine whether either applicant was entitled to protection as a refugee or on complementary protection grounds.

The court was tasked with assessing the credibility and substance of the applicants' claims of persecution. Specifically, the court had to consider whether the mother's alleged bisexuality and Jewish identity placed her within a social group recognised under the Refugee Convention, and whether the Russian state was unwilling or unable to provide protection against the feared harm. The court also had to evaluate the evidence presented, including the applicants' oral evidence to the original decision-maker, and determine if there was a real chance of persecution or significant harm.

In reaching its decision, the court found that the applicant mother's claims were largely vague, unsupported, and lacked credibility. While the mother asserted fears of imprisonment, physical harm, separation from her child, and even death, these claims were not substantiated with sufficient detail or evidence. The court noted that the mother had travelled to several signatory states to the Refugee Convention without seeking asylum, which weakened her claims. Furthermore, the court found that the mother's claims regarding her bisexuality and Jewish affiliation, and the associated fear of persecution, were confused and unfounded. Consequently, the court concluded that there was no real chance of persecution or significant harm, and therefore affirmed the decision under review.