Consideration of protection obligations
(1) In considering a valid application for a protection visa made by a non‑citizen, the Minister must consider and make a record of whether the Minister is satisfied of any of the following: (a) the non‑citizen satisfies the criterion in paragraph 36(2)(a) with respect to a country and also satisfies the criterion in subsection 36(1C); (b) the non‑citizen satisfies the criterion in paragraph 36(2)(aa) with respect to a country; (c) the non‑citizen: (i) satisfies the criterion in paragraph 36(2)(a) with respect to a country but does not satisfy the criterion in subsection 36(1C); and (ii) would satisfy the criterion in paragraph 36(2)(aa) with respect to a country except that the non‑citizen is a non‑citizen mentioned in paragraph 36(2)(a). (2) The Minister must do so: (a) before deciding whether to grant or refuse to grant the visa; and (b) before considering whether the non‑citizen satisfies any other criteria for the grant of the visa; and (c) before considering whether the grant of the visa is prevented by any provision of the Act or regulations; and (d) without regard to subsections 36(2C) and (3). (3) Subsection (1) does not apply if: (a) the non‑citizen (the family applicant) is a member of the same family unit as another non‑citizen (the family visa holder) who holds a protection visa of the same class as the visa the family applicant is applying for; and (b) the family applicant’s application for a protection visa was made before the family visa holder was granted their visa; and (c) the family visa holder is a non‑citizen mentioned in paragraph 36(2)(a) or (aa).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free