2113875 (Refugee)

The Administrative Appeals Tribunal (Cth) considered the protection visa application of a woman from Uzbekistan. The applicant claimed she feared persecution upon return to Uzbekistan due to her Russian ethnicity, advanced age, loss of her pension entitlement, and her status as a failed asylum seeker. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether she was a refugee with a well-founded fear of persecution.

The Tribunal's reasoning focused on assessing the applicant's fear of persecution based on her membership in a particular social group, defined as a "returnee failed asylum seeker." It considered extensive country information regarding the treatment of ethnic Russians in Uzbekistan, the country's residency permit system, and the prevalence of corruption and judicial impartiality issues. The Tribunal found that the applicant's status as a failed asylum seeker returning to Uzbekistan after an extended absence was likely to attract adverse attention from state authorities, potentially leading to questioning, arrest, torture, and prosecution.

The Tribunal concluded that the adverse attention from Uzbek authorities would amount to serious and targeted harm, engaging Australia's refugee obligations. This vulnerability was considered to be exacerbated by her Russian ethnicity, advanced age, lack of fluency in Uzbek, loss of pension, and absence of a social network. The Tribunal found that the applicant could not access protection within Uzbekistan, relocate to avoid harm, or modify her behaviour to mitigate the risk. Consequently, the Tribunal was satisfied that the applicant had a well-founded fear of persecution and met the criteria for a protection visa. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Act.