1608858 (Refugee)

This matter concerned an application for a Protection visa by two applicants who were citizens of Myanmar. The applicants' initial application was refused by a delegate of the Minister. The applicants sought review of this decision before the Tribunal, appearing on three separate occasions to give evidence and present arguments.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a Protection visa under section 36 of the Migration Act 1958 (Cth), specifically concerning Australia's protection obligations under the "refugee" criterion or "complementary protection" grounds. This involved assessing the credibility of the applicants' claims regarding their past involvement in pro-democracy movements in Myanmar and the potential for them to face harm upon return. The Tribunal also considered country information and policy guidelines relevant to refugee and complementary protection claims.

The Tribunal found that the evidence presented, including information about Applicant 2's mother having been granted political asylum in a third country, was straightforward and credible. The Tribunal noted that the applicants, as a married couple, might face a higher profile and increased risk of harm. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy section 36(2)(aa) of the Act.