1503042 (Refugee)

The applicants sought review of a decision not to grant them protection visas. The dispute concerned whether the applicants met the criteria for a protection visa under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), specifically the refugee criterion under s 36(2)(a) and the complementary protection criterion under s 36(2)(aa). The Tribunal was required to determine if the applicants had a well-founded fear of persecution or a real risk of significant harm if returned to the Philippines.

The court considered the definition of a refugee under Article 1A(2) of the Refugees Convention, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. It also examined the complementary protection criterion, which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was directed to consider relevant policy guidelines and country information.

The Tribunal found that the primary applicant's concerns regarding unemployment in the Philippines did not establish a threat to her ability to subsist. Furthermore, while acknowledging the child's disability, the Tribunal was satisfied, based on country information and legislative protections in the Philippines, that the child would have access to healthcare and education and could seek redress if subjected to stigma or discrimination. The Tribunal also found no information to support the claim that the husband's medical condition would prevent access to appropriate care. Consequently, the Tribunal concluded that there was no real chance of the applicants suffering serious or significant harm upon return to the Philippines.

The Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria under s 36(2)(a) or (aa) of the Act, and therefore could not satisfy the family member criteria under s 36(2)(b) or (c).