1613775 (Refugee)

The applicant, a citizen of Ukraine, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution from pro-Russian separatists in the Donetsk region due to his perceived political opinion, specifically his association with the Fatherland party. The delegate of the Minister had found that the applicant did not hold a convention reason for a protection visa.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of political opinion. This involved assessing whether the applicant's fear of harm from pro-Russian separatists constituted persecution, and whether such persecution would be on the basis of his political opinion. The Tribunal also had to consider whether internal relocation within Ukraine would be a reasonable option for the applicant to avoid such persecution.

The Tribunal found that the applicant's fear of harm, including threats to life, liberty, or significant physical harassment, from pro-Russian separatists was well-founded. It accepted that the applicant's association with the Fatherland party was likely to be perceived by these groups as a political opinion that would place him at risk. Crucially, the Tribunal determined that internal relocation to other parts of Ukraine would not be a reasonable option for the applicant, given the widespread nature of the conflict and the potential for him to be identified and targeted regardless of his location within the country.

Consequently, the Tribunal set aside the delegate's decision and remitted the application to the delegate to decide whether to grant a protection visa.