1602215 (Refugee)

The applicant, a citizen of China, sought review of a decision not to grant them a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa under Australian migration law. The decision was made by a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements for a protection visa, specifically in relation to the criterion in section 36(2) of the *Migration Act 1958* (Cth). This involved considering whether the applicant could establish a well-founded fear of persecution or harm.

The Tribunal affirmed the decision not to grant the protection visa. The Member noted that there was no suggestion that the applicant satisfied section 36(2) by being part of a family unit with a person who already held a protection visa. Consequently, the applicant did not meet the specified criterion for the visa.