1601731 (Refugee)

The applicant, a citizen of the United Kingdom, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). The decision was made by Paul Millar, a Member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant was a member of a particular social group, as contemplated by the *Refugee Convention*, and whether they faced a real chance of persecution or harm if returned to the United Kingdom. Specifically, the Tribunal considered the applicant's age, alleged physical ailments, lack of financial support, and fear of criminals as potential bases for establishing membership in a particular social group. The Tribunal also noted that the applicant did not attend the hearing before it.

The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth). The decision explicitly stated that there was no suggestion the applicant satisfied the criteria on the basis of being a member of the same family unit as a person who already held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.