1720646 (Refugee)

This matter concerned an application for a protection visa by a young person, the applicant, who claimed to fear kidnapping by her estranged father. The applicant's mother had also applied for a protection visa, which was refused and is currently the subject of an appeal to the Federal Circuit and Family Court of Australia. The applicant arrived in Australia in May 2017 and applied for her visa in June 2017. The Tribunal considered evidence presented by the applicant and her mother, with the assistance of an interpreter.

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. This required determining if the applicant was a refugee, as defined by section 5H, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as further elaborated in section 5J. The Tribunal also considered the mandatory considerations outlined in Ministerial Direction No. 84, including the Refugee Law Guidelines and Complementary Protection Guidelines.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not meet the criteria under section 36(2)(a) or (aa) of the Act, nor was she a member of the same family unit as a person who held or was eligible for a protection visa under section 36(2)(b) or (c). Consequently, the Tribunal affirmed the decision not to grant the protection visa.