1602248 (Refugee)

The applicant, an ethnic Rohingya Muslim from Myanmar, sought review of a decision not to grant him a Temporary Protection (Class XD) (Subclass 785) visa. The dispute centred on whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth), specifically concerning claims of past harm and a well-founded fear of persecution. The decision under review was made by the Department and affirmed by the Tribunal.

The legal issues before the Tribunal were whether the applicant had established that he had suffered past persecution or had a well-founded fear of persecution based on his race, religion, or membership of a particular social group, and whether he could obtain protection from the authorities in Myanmar. The Tribunal was required to consider the applicant's claims of discrimination, arbitrary arrest, physical assault, and restrictions on his ability to obtain identity documents and pursue employment due to his Rohingya ethnicity and statelessness.

The Tribunal considered the applicant's evidence regarding his experiences of discrimination and harassment in Myanmar, including an incident of being assaulted by police at a checkpoint. It also noted the applicant's assertion that obtaining an education and practising his chosen profession were restricted for Rohingya people. However, the Tribunal found that the applicant had not established that he satisfied the criteria under section 36(2) of the Act, nor that he was a member of the same family unit as a person who satisfied those criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Temporary Protection (Class XD) (Subclass 785) visa.