1501365 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to affirm the refusal of his Protection visa application. The dispute centred on whether the applicant met the criteria for a Protection visa under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the applicant was a non-citizen in Australia in respect of whom Australia had protection obligations under either the 'refugee' criterion (s.36(2)(a) of the Act) or the 'complementary protection' criterion (s.36(2)(aa) of the Act). The Tribunal also considered the applicant's explanation for a significant delay in lodging his protection visa application and whether his employment in Australia indicated a primary motivation other than seeking protection.

The Tribunal considered the applicant's explanation for the five-year delay in applying for a Protection visa, noting that he claimed to have had no one to assist him and no knowledge of how to pursue such an application. However, the Tribunal also noted that the applicant had consulted an agent regarding his Student Visa and subsequent appeal, suggesting he had access to advice. Furthermore, the Tribunal considered that the applicant's prompt employment after arriving in Australia might indicate his motivation was employment rather than protection. Ultimately, the Tribunal found that the applicant did not satisfy the criteria for a Protection visa under s.36(2) of the Act.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.