1822296 (Refugee)

This matter concerned an application for review of a decision to refuse to grant a Protection visa to the applicant, who is from India. The applicant had lodged his application in September 2015, claiming he feared significant harm upon return to India due to financial destitution and an inability to secure employment. The delegate's decision to refuse the visa was subsequently reviewed by the Tribunal. The applicant's case had a complex procedural history, including a dismissal for non-appearance, a subsequent reinstatement application, and appeals to the Federal Circuit Court of Australia.

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) or the complementary protection criterion under section 36(2)(aa). This involved considering the applicant's claims of potential harm due to financial destitution and the circumstances surrounding his failure to appear at a previous Tribunal hearing, which led to a dismissal and subsequent reinstatement application. The Tribunal was also required to consider the impact of a Federal Circuit Court order directing it to reconsider the applicant's reinstatement application.

The Tribunal approached the applicant's case afresh, acknowledging its obligation to consider all relevant evidence and make an independent assessment. It noted that the applicant's initial claims focused on financial destitution, but the case also involved a dismissal for non-appearance and a subsequent application for reinstatement. The Federal Circuit Court had previously found that the Tribunal's decision to dismiss the application and refuse reinstatement was affected by jurisdictional error, specifically a failure to properly consider the applicant's reinstatement application. The Tribunal was directed to reconsider this application according to law.

Following the Federal Circuit Court's orders, a writ of certiorari quashed the Tribunal's previous decision, and a writ of mandamus directed the Tribunal to reconsider the applicant's reinstatement application. The Tribunal confirmed that the matter had been reinstated and would proceed to a formal decision on both the reinstatement application and the final decision on the Protection visa. The Tribunal indicated it would consider the relevant guidelines and country information.