2007534 (Refugee)

This matter concerned a review of a decision by the Administrative Appeals Tribunal (AAT) regarding protection visa applications made by three applicants. The primary dispute revolved around the eligibility of the applicants for a protection visa, particularly in light of the first applicant's acquisition of Australian citizenship and the claims of the second and third applicants, who were in a de facto relationship. The decision was made by Member Jessica Henderson of the AAT.

The legal issues before the Tribunal included whether the first applicant, who had become an Australian citizen, could still satisfy the criteria for a protection visa, which requires the applicant to be a non-citizen. Additionally, the Tribunal had to consider the claims of the second and third applicants, including whether they could establish membership of a particular social group and whether they met the criteria for complementary protection, particularly in relation to their de facto relationship and the first applicant's circumstances.

The Tribunal reasoned that a protection visa can only be granted to a non-citizen, as stipulated by section 36(2) of the Migration Act 1958. Since the first applicant had acquired Australian citizenship, he could no longer satisfy this criterion, and therefore, the Tribunal affirmed the decision not to grant him a protection visa. However, the Tribunal accepted that the second and third applicants were in a de facto relationship and were the parents of the first applicant, thus forming the same family unit. The Tribunal found that the third applicant could be eligible for a protection visa based on her membership of the same family unit as the second applicant, provided other criteria were met.

Consequently, the Tribunal affirmed the decision not to grant the first applicant a protection visa. The matter was remitted for reconsideration regarding the second and third applicants, with directions that the second applicant satisfies section 36(2)(a) of the Migration Act, and the third applicant satisfies section 36(2)(b)(i) of the Migration Act on the basis of membership of the same family unit as the second applicant.