1604908 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Bangladeshi national. The applicant was not physically present in Australia at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically concerning their presence in Australia. Section 36(2) of the *Migration Act 1958* (Cth) stipulates that a criterion for a protection visa is that the applicant must be a non-citizen in Australia.

The Tribunal reasoned that as the applicant was not in Australia, they could not satisfy the requirements of section 36(2) of the *Migration Act 1958* (Cth). Evidence from the Department of Immigration's movement records indicated the applicant had departed Australia in August 2017. The Tribunal had notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant did not meet the essential criterion of being in Australia, rendering it unnecessary to consider the substantive grounds for the protection claim.

The Tribunal affirmed the decision not to grant the applicant a protection visa.