2314183 (Refugee)

This matter concerned an application for a protection visa. The applicant sought review of the decision not to grant the visa. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of section 5H of the Act, or whether Australia had protection obligations under the complementary protection criterion in section 36(2)(aa) of the Act. Additionally, the Tribunal considered whether the applicant qualified as a member of the same family unit as a person who met either of these criteria, as provided for in sections 36(2)(b) and (c) of the Act.

The Tribunal considered extensive country information regarding socio-economic conditions in Timor-Leste, particularly in light of the COVID-19 pandemic. This information detailed impacts on employment, household incomes, food security, and access to essential services. However, the Tribunal found no evidence to suggest that the applicant satisfied the criteria under section 36(2)(a) or (aa) of the Act, nor that they were a member of the same family unit as a person who met those criteria.

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