2315457 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant it. The dispute concerned whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth).

The court was required to determine if the applicant satisfied the criteria for a protection visa, specifically under section 36(2)(a) (refugee criterion) or section 36(2)(aa) (complementary protection criterion), or alternatively, if the applicant was a member of the same family unit as a person who met these criteria, as provided for in sections 36(2)(b) and (c).

The Tribunal found no evidence that the applicant satisfied the criteria under section 36(2)(b) or (c) of the Act, which relate to being a family member of a person who holds a protection visa under section 36(2)(a) or (aa). Consequently, the applicant did not meet the requirements for the grant of a protection visa. The decision of the Tribunal was affirmed.