1507254 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution upon return to Guinea. 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), specifically concerning the definition of a refugee under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, or alternatively, the complementary protection criterion. The decision was made by Sean Baker, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution on return to Guinea, and if not, whether there was a real risk of suffering significant harm if returned. These questions required the Tribunal to assess the applicant's claims against the criteria for a protection visa, including the definition of a refugee based on race, religion, nationality, membership of a particular social group, or political opinion, as well as the grounds for complementary protection.

The Tribunal considered the criteria set out in s.36 of the Act and Schedule 2 of the Regulations. 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 member of the same family unit as a person who held a protection visa. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion in s.36(2). The Tribunal affirmed the decision not to grant the applicant a Protection visa.