1611175 (Refugee)

The Administrative Appeals Tribunal considered an application for protection visas by individuals who were not present in Australia. The core dispute concerned whether these applicants met the criteria for a protection visa under Australian law.

The primary legal issue before the Tribunal was whether the applicants satisfied the requirements of section 36(2) of the *Migration Act 1958* (Cth) for the grant of a protection visa. This section is a threshold requirement for such visas.

The Tribunal found that the applicants were not in Australia. Based on this factual finding, the Tribunal concluded that the applicants could not satisfy the requirements of section 36(2) of the *Migration Act 1958* (Cth). Consequently, the Tribunal determined it was unnecessary to consider the substantive claims made by the applicants for protection. The Tribunal affirmed the decision not to grant the protection visas.