2113274 (Refugee)

The applicant, a woman from the Russian Federation, sought review of a decision concerning her application for a protection visa. The dispute centred on whether Australia had protection obligations towards her, given her claims of persecution due to her religious beliefs as a Jehovah's Witness. The matter was heard by Ben Lumsdaine.

The court was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth). This involved assessing whether she was a refugee, which in turn required considering if she had a well-founded fear of persecution for reasons of religion, and if effective state protection was unavailable in Russia. The court also needed to consider whether any relocation within Russia would be a reasonable alternative.

The court found that the applicant had a well-founded fear of persecution for reasons of religion, as defined by section 5J of the *Migration Act*. It was satisfied that there was a real chance she would suffer serious harm if returned to Russia, particularly given the ban on Jehovah's Witnesses and her past experiences with local authorities and individuals. The court concluded that effective state protection was not available to her in Russia. Consequently, the court was satisfied that Australia had protection obligations towards the applicant.

The decision under review was remitted for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.