2319257 (Refugee)

This matter concerned a Fijian citizen who had resided in Australia for approximately 15 years. The applicant had been the primary carer for her Australian citizen mother for nearly 13 of those years, until her mother's passing in 2022. The applicant's father was also an Australian citizen, and she had numerous siblings who were Australian citizens residing in Australia. The applicant's two children were born in Australia and had only ever lived in Australia. The applicant applied to the Department of Home Affairs for a protection visa, acknowledging that she did not meet the standard requirements but intended to seek Ministerial Intervention. The decision under review was made by Senior Member G.A.F. Connolly of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, notwithstanding her stated awareness that she did not meet the usual requirements and her intention to seek Ministerial Intervention. The Tribunal was also required to consider the applicant's circumstances, including her long-term residence in Australia, her role as a carer for her deceased Australian citizen mother, her status as the sole non-Australian citizen family member in Australia, and the fact that her children were Australian-born and had no connection to Fiji.

The Tribunal noted that the applicant had applied for a protection visa and stated in her application that she understood she did not meet the requirements but intended to seek Ministerial Intervention. The Tribunal acknowledged the applicant's extensive period of care for her mother, her lack of connections in Fiji, and the Australian citizenship and upbringing of her children. Despite these compassionate circumstances, the Tribunal affirmed the decision under review, which was a refusal of the protection visa. However, the Tribunal referred the applicant's case to the Minister for urgent and compassionate consideration, expressing the view that the matter should not have taken so long to reach this point.