2009257 (Refugee)

The applicant, born in Australia to Malaysian parents, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee or as a member of the family unit of a person who met those criteria. The matter was heard by Sheridan Lee of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant was a refugee within the meaning of section 5H of the Migration Act 1958, or if they faced a real risk of significant harm upon removal from Australia under section 36(2)(aa). Additionally, the Tribunal had to consider whether the applicant qualified for a visa as a member of the same family unit as a person who satisfied either of these criteria, pursuant to sections 36(2)(b) and (c).

The Tribunal considered the applicant's claims in light of the Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information. The applicant's claims for protection were based on the circumstances of their parents. The Tribunal found that the applicant did not satisfy the criteria for a protection visa, specifically that they were not a member of the family unit of a person who satisfied section 36(2)(a) or (aa) of the Act. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.