1510527 (Refugee)

This matter concerned an application for protection visas by a husband and wife, both citizens of Mongolia. The applicants claimed they feared harm upon return to Mongolia due to an incident involving a company owned by the applicant's sister's husband, where a contractual driver, while intoxicated, killed four people. The applicants alleged they feared retribution or demands for compensation from the victims' families. The Administrative Appeals Tribunal was required to determine the credibility of the applicants' claims and whether, on the accepted claims, they met the criteria for a protection visa.

The Tribunal considered the criteria for a protection visa as set out in section 36 of the Migration Act 1958 (Cth) and Schedule 2 of the Migration Regulations 1994 (Cth). This included assessing whether the applicants were refugees under the 1951 Convention relating to the Status of Refugees, or whether they qualified for complementary protection due to a real risk of significant harm upon removal from Australia. The Tribunal also considered the definition of a "member of the same family unit" for the purposes of section 36(2)(b) and (c).

The Tribunal found that it was not satisfied that the applicants were persons in respect of whom Australia had protection obligations. This conclusion was based on an assessment of the applicants' credibility and the evidence presented. Consequently, the Tribunal determined that the applicants did not satisfy the criteria under section 36(2)(a) or (aa) for a protection visa, nor could they satisfy the criteria under section 36(2)(b) or (c) as family members. The Tribunal therefore affirmed the decision not to grant the protection visas.