1516126 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to refuse to grant a protection visa. The applicant's claim for protection was based on their alleged adherence to the I-Kuan-Tao religion. The Tribunal had affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing the applicant's credibility and whether they held a well-founded fear of persecution based on their religion. The Tribunal also considered the applicant's delay in applying for protection.

The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth). The decision notes that there was no suggestion the applicant qualified as a member of the same family unit as a person who satisfied section 36(2)(a) or (aa) and held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.