1610781 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by a Lebanese national. The core of the dispute was whether the applicant met the fundamental jurisdictional requirement for the grant of such a visa.

The Tribunal was required to determine whether the applicant satisfied the criterion that they be a non-citizen *in Australia* at the time of the decision, as stipulated by section 36(2) of the relevant Act. This jurisdictional threshold was central to the Tribunal's ability to consider the substantive claims for protection.

The Tribunal's reasoning focused on the jurisdictional prerequisite. Movement records indicated the applicant had departed Australia in April 2018. The Tribunal notified the applicant's advisor of this information and invited comment. The advisor confirmed they had no contact with the applicant and believed they had departed Australia. Based on this evidence, the Tribunal was satisfied the applicant was not in Australia, and therefore did not meet the criterion under section 36(2). Consequently, the Tribunal found it unnecessary to assess the applicant's claims for protection.

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