1606997 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Sri Lankan national. The applicant's claim for a protection visa was affirmed by the Tribunal, meaning the decision not to grant the visa was upheld.

The central legal issue before the Tribunal was whether the applicant met the threshold requirement for a protection visa, specifically the criterion that the applicant must be a non-citizen *in Australia*.

The Tribunal reasoned that under section 36(2) of the *Migration Act 1958* (Cth), a protection visa can only be granted if the applicant is physically present in Australia. The Department of Home Affairs confirmed that the applicant had departed Australia on 10 December 2018 under the Assisted Voluntary Return program. Based on this information, the Tribunal was satisfied that the applicant was no longer in Australia. Consequently, the applicant failed to satisfy the fundamental criterion of being in Australia, rendering it unnecessary for the Tribunal to consider the substantive grounds of the applicant's protection claim.