2011356 (Refugee)

The applicant, a Ukrainian national residing in the Donetsk region, sought a protection visa in Australia. The dispute arose from the applicant's claim that she feared returning to Ukraine due to the ongoing conflict in her region, her advanced age, and the absence of male relatives for support, which she contended made her particularly vulnerable to violence and harm. The matter was before the Tribunal for review.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. This involved assessing the applicant's well-founded fear of persecution or significant harm, considering the country information regarding the situation in Donetsk, and determining if effective protection measures were available to her in Ukraine.

The Tribunal considered the applicant's personal circumstances, including her age, her residence in the Donetsk region, the death of her husband, and her son's residence in Australia. It also took into account country information concerning the conflict in eastern Ukraine, ongoing attacks, and increasing civilian casualties. The Tribunal found that the applicant was a national of Ukraine and assessed her claims against Ukraine as her country of nationality and the receiving country. Ultimately, 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*.

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