Consideration of protection obligations
act-s36A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).