1615207 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from India. The dispute arose because the applicant had left Australia, and the Tribunal was unable to grant the visa on this basis.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen present in Australia. The Tribunal also considered whether it was necessary to assess the applicant's substantive claims for protection given their absence from Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is in Australia. Movement records indicated that the applicant had departed Australia in August 2019. The Tribunal communicated this information to the applicant and invited comment, but received no response. Based on the evidence of the applicant's departure and the lack of any response, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2). Consequently, the Tribunal determined it was unnecessary to consider the applicant's substantive claims for protection.

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