1421395 (Refugee)

The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) to refuse to grant a Protection (Class XA) visa. The AAT had determined that the applicant did not satisfy the criteria for the visa.

The central legal issue before the AAT was whether the applicant met the requirements of section 36(2) of the *Migration Act 1958* (Cth) for the grant of a protection visa. Specifically, the AAT considered whether the applicant could satisfy this criterion by being a member of the same family unit as a person who held a protection visa under section 36(2)(a) or (aa).

The AAT reasoned that there was no evidence or suggestion that the applicant was part of a family unit with a person who already held a protection visa under the specified subsections. Consequently, the AAT concluded that the applicant did not satisfy the criterion in section 36(2).

The AAT set aside the original decision to refuse the applicant a Protection (Class XA) visa and substituted a decision to refuse the applicant a Protection (Class XD) visa.