1606099 (Refugee)

This matter concerned an application for a protection visa by an individual from Iran. The applicant was not physically present in Australia at the time of the decision. The decision maker, Alison Murphy, a Member of the Tribunal, was required to determine whether the applicant met the criteria for the grant of a protection visa.

The central 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.

The Tribunal considered evidence from the Department of Immigration's movement records, which indicated the applicant had departed Australia in August 2017. The Tribunal notified the applicant of this information and invited comment, but the applicant's representative stated they were unable to obtain further instructions and would not respond. Based on this, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant failed to meet the criterion under section 36(2) and therefore could not be granted a protection visa. The Tribunal found it unnecessary to consider the substantive claims for protection. The Tribunal affirmed the decision not to grant the applicant a protection visa.