2314954 (Refugee)

This matter concerned an application for a protection visa by a Samoan national. The applicant sought to remain in Australia due to financial hardship and stress experienced in Samoa, stemming from her under-employment while holding a seasonal worker visa. The applicant acknowledged that her circumstances did not align with the criteria for a protection visa. The decision under review was made by the Department of Home Affairs and was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa as defined by section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant qualified as a refugee under section 36(2)(a) or if she was eligible for complementary protection under section 36(2)(aa). The Tribunal also considered whether the applicant could satisfy the criteria as a member of the same family unit as a person who held a protection visa, pursuant to sections 36(2)(b) and (c).

The Tribunal accepted the applicant's oral evidence as truthful, acknowledging that she and her family experienced economic hardship in Samoa and that her motivation for coming to and remaining in Australia was to earn money to support her children. However, the Tribunal found that the applicant's circumstances were consistent with those of many Samoan nationals participating in seasonal worker schemes to support their families, and that Samoa's economy relies heavily on remittances. Crucially, the Tribunal found no evidence that the applicant satisfied the criteria under section 36(2)(a) or (aa) of the Act, nor as a family member under sections 36(2)(b) or (c).

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