1832858 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse a Sub-class 866 Protection visa. The applicants, an Iraqi national and his wife and four children, arrived in Australia in February 2014. The first applicant departed and re-entered Australia in August 2018, while his family remained onshore. The applicants lodged their protection visa application in March 2016, which was subsequently refused by the delegate in November 2018. The first applicant applied for review of this decision in November 2018.

The primary legal issues before the Tribunal were whether the applicants met the refugee criterion under s.36(2)(a) of the *Migration Act 1958* (Cth), and if not, whether they were entitled to complementary protection under s.36(2)(aa). The first applicant claimed he and his father were targeted due to perceived pro-Ba'athist affiliations stemming from their work in Iraqi government departments. He alleged he suffered serious injuries from a car bombing and faced threats and dangers in his subsequent employment. The Tribunal also considered whether the other applicants qualified as members of the same family unit as the first applicant under s.36(2)(b) and (c) of the Act.

The Tribunal concluded that the decision under review should be remitted for reconsideration. It directed that the first applicant satisfies s.36(2)(a) of the *Migration Act*, indicating a finding that he meets the refugee criterion. Furthermore, the Tribunal directed that the remaining applicants satisfy s.36(2)(b)(i) of the Act, based on their membership of the same family unit as the first applicant. The Tribunal's reasoning, though not fully detailed in the provided text, led to the conclusion that the matter required further consideration with these specific directions.