1606497 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by a Ukrainian national. The applicant had departed Australia, and the Tribunal was reviewing a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that they must be a non-citizen in Australia. This criterion is stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had left Australia in October 2018. The Tribunal notified the applicant of this information and invited them to comment, providing a deadline. As no response was received from the applicant within the specified period, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not satisfy the requirements of section 36(2) and was therefore ineligible for a protection visa.

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