Document ID: chunk:federal_register_of_legislation:C2021A00035:clause:1_36a
Version: federal_register_of_legislation:C2021A00035
Segment Type: clause
Provision Reference: sch 1 cl 36A
Character Range: 1998–3657

36A  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).