1500666 (Refugee)

This matter concerned an application for review of a decision regarding a protection visa. The applicants, represented by a registered migration agent, sought to satisfy the criteria for a protection visa as set out in section 36 of the *Migration Act 1958* (Cth) and Schedule 2 to the *Migration Regulations 1994* (Cth). The primary dispute revolved around whether the applicants met the requirements for protection obligations under either the 'refugee' criterion or 'complementary protection' grounds.

The legal issues before the Tribunal were whether the applicants were persons in respect of whom Australia had protection obligations under the *1951 Convention relating to the Status of Refugees* as amended by the *1967 Protocol* (the Refugees Convention), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, they would suffer significant harm. The Tribunal was also required to consider the criteria for family members applying for a protection visa.

The Tribunal considered the definition of a refugee under Article 1A(2) of the Refugees Convention, which requires a well-founded fear of persecution for specific reasons, leading to an inability or unwillingness to avail oneself of the protection of their country of nationality. It also examined the complementary protection criterion, which requires a real risk of significant harm upon removal. The Tribunal was directed to take account of relevant policy guidelines and country information.

The Tribunal concluded that one applicant satisfied the criterion under section 36(2)(a) of the *Migration Act*. However, it was not satisfied that the other applicant met the refugee or complementary protection criteria independently. Nevertheless, the Tribunal found that the other applicant was a member of the same family unit as the first applicant, satisfying section 36(2)(b)(i). Consequently, the Tribunal remitted the matter for reconsideration, directing that the first applicant satisfied section 36(2)(a) and the other applicant satisfied section 36(2)(b)(i) based on family membership.