1514915 (Refugee)

The applicant sought a protection visa, claiming a fear of persecution by Maoists in Nepal due to their political opinion, specifically their membership in the Rastriya Prajantantra Party. The case came before a member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of their political opinion.

The Tribunal Member, Paul Millar, found that the applicant did not satisfy the criterion in section 36(2). The decision explicitly stated that there was no suggestion the applicant met the requirements based on being a member of the same family unit as a person who already held a protection visa under section 36(2)(a) or (aa). Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.