1724428 (Refugee)

The applicant, a national of the United States of America, sought merits review by the Tribunal of the Department of Immigration and Border Protection's decision to refuse his application for a subclass 866 Protection visa. The applicant claimed to be pursued by a criminal organisation and its associates, including rogue law enforcement elements, who he alleged were responsible for the murder of his relative and had engaged in a campaign of harassment, threats, financial fraud, and attempts on his life.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, whether he was entitled to complementary protection under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims in light of the relevant legislative provisions, including the definitions of "refugee," "well-founded fear of persecution," and "significant harm," as well as Ministerial Directions and Guidelines.

The Tribunal affirmed the Department's decision, concluding that the applicant did not satisfy the criterion for a protection visa. While the applicant's claims involved allegations of serious harm, the Tribunal found that he did not meet the definition of a refugee, nor was he found to be entitled to complementary protection. The decision noted that there was no suggestion the applicant satisfied the criteria by being a member of the same family unit as a person who held a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.