2016493 (Refugee)

This matter concerned an application for a protection visa by a Ukrainian national. The applicant claimed she was unable to return to her home in Donetsk due to the ongoing conflict and her personal circumstances, including her age, poor health, and lack of financial support. The applicant's daughter, who resides in Australia, also provided evidence in support of her mother's claims. The case was heard by Member Catherine Wall of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the applicant to be a refugee. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available in Ukraine. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant faces a real risk of suffering significant harm.

Member Wall's reasoning focused on the significant deterioration of the situation in Ukraine following the Russian invasion in February 2022, and the annexation of Donetsk. The Tribunal acknowledged the extensive country information provided, including reports on human rights violations, civilian displacement, and the imposition of martial law in occupied territories, which significantly impacted the applicant's ability to subsist and access basic services. Considering the applicant's frail health, limited mobility, and the breakdown of the banking system in Donetsk, the Tribunal found that she was unable to access effective protection in Ukraine and that her circumstances constituted a well-founded fear of persecution.

The Tribunal concluded that the applicant satisfied the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958*. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets the requirements of section 36(2)(a).