1621085 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of two applicants, the first applicant being the primary applicant and the second applicant a secondary applicant and member of the same family unit. The dispute concerned whether the applicants met the criteria for a protection visa, specifically the requirement that the applicant be in Australia.

The Tribunal was required to determine if the first applicant satisfied the criterion under section 36(2) of the Act that she be a non-citizen in Australia. Additionally, the Tribunal had to consider the status of the second applicant's application, given that he was a secondary applicant and the primary applicant's eligibility was in question, and whether it had jurisdiction to review his application.

The Tribunal found that movement records indicated the first applicant had departed Australia in July 2018. Despite being invited to respond, the first applicant did not provide any comment or evidence to the contrary. Consequently, the Tribunal was satisfied that the first applicant was not in Australia and therefore did not meet the criterion under section 36(2) of the Act, meaning a protection visa could not be granted. Regarding the second applicant, his authorised representative informed the Tribunal that the first applicant had departed Australia and that the second applicant had no claim to provide for the matter. The Tribunal was satisfied that the authorised representative had the authority to withdraw the second applicant's review application, and that the second applicant intended for it to be withdrawn. Accordingly, the Tribunal consented to the withdrawal and concluded it did not have jurisdiction to review the decision concerning the second applicant.

The Tribunal affirmed the decision not to grant the first named applicant's protection visa. The Tribunal determined it did not have jurisdiction to review the decision in relation to the second named applicant's protection visa application due to its withdrawal.