1506602 (Refugee)

This matter concerned an application for a Protection (Class XD) visa by an individual who had been refused the visa by the Minister. The applicant sought review of this decision before the Tribunal. The central dispute revolved around whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth) and the *1951 Convention relating to the Status of Refugees* as amended by its 1967 Protocol.

The Tribunal was required to determine whether the applicant was a non-citizen in Australia in respect of whom the Minister was satisfied Australia had protection obligations under the refugee criterion, as defined by Article 1A(2) of the Refugees Convention, or alternatively, under the complementary protection criterion. This involved assessing whether there was a well-founded fear of persecution for a Convention reason, or a real risk of significant harm as a necessary and foreseeable consequence of removal to Bangladesh.

The Tribunal considered the provisions of section 36 of the *Migration Act 1958* (Cth) and Schedule 2 of the *Migration Regulations 1994*, which outline the criteria for a protection visa. It noted that an applicant must satisfy one of the alternative criteria in s.36(2)(a), (aa), (b), or (c). The Tribunal found no suggestion that the applicant satisfied the criteria by being a family member of a person who held a protection visa. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion in s.36(2) of the Act.

The Tribunal affirmed the decision not to grant the applicant a Protection (Class XD) visa.