2008134 (Refugee)

This matter concerned an application for a Protection visa by a woman from Russia. The applicant claimed she feared returning to Russia due to ongoing threats and abuse from her ex-husband, who she alleged was a powerful former KGB member. She further asserted that Russian authorities would not protect her and that she lacked the financial means or support network to relocate within Russia. The delegate of the Minister for Home Affairs refused the visa, and this decision was under review by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa under the Migration Act 1958 (Cth). Specifically, the court needed to assess if the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, and if effective protection measures were available to her in Russia. The applicant's claims centred on her status as a woman experiencing family violence and the alleged inability of the Russian state to offer her protection.

The Tribunal affirmed the delegate's decision, finding that the applicant did not satisfy the criteria for a Protection visa. While acknowledging the applicant's stated fears, the Tribunal did not find that she had established a well-founded fear of persecution for reasons of membership of a particular social group. The Tribunal also implicitly found that effective protection measures were available to the applicant in Russia, or that her fear was not sufficiently well-founded to warrant a protection visa. The Tribunal concluded that the applicant did not satisfy the criterion in s 36(2) of the Act.