Document ID: chunk:federal_register_of_legislation:C2024C00800:section:36:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 36 (pt 1/3)
Character Range: 148260–150926

36  Protection visas—criteria provided for by this Act
 (1A) An applicant for a protection visa must satisfy:
 (a) both of the criteria in subsections (1B) and (1C); and
 (b) at least one of the criteria in subsection (2).
 (1B) A criterion for a protection visa is that the applicant is not assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).
 (1C) A criterion for a protection visa is that the applicant is not a person whom the Minister considers, on reasonable grounds:
 (a) is a danger to Australia's security; or
 (b) having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community.
Note: For paragraph (b), see section 5M.
 (2) A criterion for a protection visa is that the applicant for the visa is:
 (a) a non‑citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
 (aa) a non‑citizen in Australia (other than a non‑citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non‑citizen being removed from Australia to a receiving country, there is a real risk that the non‑citizen will suffer significant harm; or
 (b) a non‑citizen in Australia who is a member of the same family unit as a non‑citizen who:
 (i) is mentioned in paragraph (a); and
 (ii) holds a protection visa of the same class as that applied for by the applicant; or
 (c) a non‑citizen in Australia who is a member of the same family unit as a non‑citizen who:
 (i) is mentioned in paragraph (aa); and
 (ii) holds a protection visa of the same class as that applied for by the applicant.
 (2A) A non‑citizen will suffer significant harm if:
 (a) the non‑citizen will be arbitrarily deprived of his or her life; or
 (b) the death penalty will be carried out on the non‑citizen; or
 (c) the non‑citizen will be subjected to torture; or
 (d) the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
 (e) the non‑citizen will be subjected to degrading treatment or punishment.
 (2B) However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
 (a) it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or