1701786 (Refugee)

The applicant sought review of a decision by the Refugee Review Tribunal (RRT) to affirm the refusal of a protection visa. The applicant, a member of the Shia Hazara ethnic group from Afghanistan, claimed to be pursued by the Taliban and identified as Pashtun. The Federal Circuit Court had previously remitted the matter for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant satisfied the requirements of section 36(2)(a) or (aa), which relate to claims of persecution.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth), as there was no suggestion that the applicant qualified on the basis of being a family member of someone who held a protection visa and satisfied section 36(2)(a) or (aa). The decision under review was therefore affirmed.