1619886 (Refugee)

This matter concerned an application for review of the Minister's delegate's decision to refuse to grant the applicant a protection visa. The applicant had lodged her application on 23 September 2014, which was refused on 7 November 2016, and she subsequently applied for a review of that decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa under section 36(2) of the *Migration Act 1958* (Cth). Specifically, the Tribunal was required to determine if the applicant satisfied the refugee criterion under section 36(2)(a) or the alternative criteria under section 36(2)(aa). The Tribunal also considered whether the applicant met the criteria under section 36(2)(b) and (c), although these were not applicable to the facts.

The Tribunal found that the applicant no longer claimed to be a person in respect of whom Australia had protection obligations under section 36(2)(a). Consequently, she did not meet the refugee criterion or the alternative criteria. There was also no evidence or claim that the applicant satisfied section 36(2) as a member of the same family unit as a person who held a protection visa and met those criteria. Therefore, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal expressed a sincere hope that the Minister might make a favourable decision in relation to the applicant's application.