1420239 (Refugee)

The applicant sought judicial review of a decision by the Refugee Tribunal to affirm its refusal to grant a protection visa. The applicant's claim for a protection visa was based on their alleged membership in a family unit with a person who held a protection visa.

The central legal issue before the Court was whether the applicant satisfied the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth), specifically in relation to being a member of the same family unit as a person who already satisfied the criteria under section 36(2)(a) or (aa) and held a protection visa.

The Court found that there was no evidence or suggestion that the applicant met the requirements of section 36(2) by virtue of being part of a family unit with a person who held a protection visa. Consequently, the Court concluded that the applicant did not satisfy the relevant criterion for the grant of a protection visa. The Tribunal's decision to affirm the refusal was therefore upheld.