1612555 (Refugee)

The applicant, a citizen and national of Egypt of Coptic Orthodox Christian faith, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, specifically the refugee or complementary protection criteria, after his temporary visa ceased and he became unlawful. The matter was before the Tribunal, presided over by Senior Member Josephine Kelly.

The legal issues before the Tribunal were whether the applicant satisfied the refugee criterion under s.36(2)(a) of the Migration Act 1958, or alternatively, the complementary protection criterion under s.36(2)(aa). The latter criterion requires the Minister to be satisfied that there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faces a real risk of suffering significant harm. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not satisfy the refugee criterion. Furthermore, the Tribunal concluded that the applicant did not satisfy the criterion under s.36(2)(aa) as there was no suggestion that he met the criteria as a member of the same family unit as a person who satisfied s.36(2)(a) or (aa) and held a protection visa. Consequently, the applicant was found not to satisfy the criteria for the grant of a protection visa.