1507268 (Refugee)

The applicant sought judicial review of a decision by the Refugee Tribunal to affirm its refusal to grant a protection visa. The applicant's claim for a protection visa was based on their alleged membership in the same family unit as a person who held a protection visa.

The central legal issue before the court was whether the applicant satisfied the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth), specifically in relation to family unit membership.

The court found that there was no evidence or suggestion that the applicant met the requirements of section 36(2) by being part of the same family unit as a person who satisfied section 36(2)(a) or (aa) and who held a protection visa. Consequently, the applicant failed to satisfy the relevant criterion for a protection visa. The Tribunal's decision to affirm the refusal to grant the applicant a protection visa was therefore upheld.