1705788 (Refugee)

The applicant, a Ukrainian national from Donetsk, sought a protection visa in Australia. The dispute arose from the applicant's claim that she feared persecution upon return to Ukraine due to her support for the Ukrainian government amidst the conflict with pro-Russian separatists. She alleged that her workplace was occupied by separatists, she was fired for her pro-Ukrainian stance, and she was threatened with forced acceptance of the Donetsk National Republic's authority or expulsion from the city. The matter was before the Tribunal for review.

The core legal issues before the Tribunal were whether the applicant possessed a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958, and if not, whether there were substantial grounds to believe that her removal from Australia would result in a real risk of significant harm. This involved assessing the applicant's claims against the definitions of "refugee" and "significant harm" as outlined in the Act, and considering the availability of effective protection measures within Ukraine.

The Tribunal considered the applicant's evidence regarding her ethnicity, nationality, and experiences in Donetsk, including the takeover of her workplace by pro-Russian militia and threats she received. It also had regard to extensive country information concerning the security situation in Ukraine. The Tribunal found that the applicant was of Ukrainian nationality and had lived most of her life in the Donbas region. Based on these findings and the available country information, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the Migration Act.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.