1516738 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse to grant a protection visa. The applicant, who is from Turkey, had made previous applications for protection visas. The current application was based on claims of complementary protection grounds, including an imputed political opinion due to alleged association with the Dev Sol group, and discrimination as an Alevi Kurd. The applicant had been absent from Turkey for 18 years and was described as a failed asylum seeker.

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 claims regarding imputed political opinion and discrimination, and determining the credibility of the applicant's evidence, particularly in light of inconsistencies and an inability to recall key events. The Tribunal also considered whether the applicant satisfied the criteria for complementary protection.

The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth). This conclusion was reached after considering the applicant's evidence, which was found to be inconsistent and lacking in recall of significant events. The Tribunal did not find that the applicant satisfied the requirements for a protection visa, nor did it suggest that the applicant met the criteria for being a member of the same family unit as a person who holds a protection visa. Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.