1602161 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who was outside the migration zone. The decision maker, Angela Cranston, a Member of the Tribunal, was required to determine whether the applicant met the criteria for the grant of a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that they be a non-citizen in Australia, as stipulated by section 36(2) of the relevant Act. This criterion is a prerequisite for the grant of a protection visa under section 65(1) of the Act.

The Tribunal considered evidence from the Department of Immigration's movement records, which indicated the applicant had departed Australia in July 2017. The applicant confirmed this departure and stated that due to the expiration of her Bridging Visa, she was unable to re-enter Australia. Based on this information, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not meet the jurisdictional requirement of being in Australia and therefore could not be granted a protection visa. The Tribunal affirmed the decision not to grant the visa, finding it unnecessary to consider the substantive claims for protection.