1700929 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from India. The applicant was not in Australia at the time of the Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen *in 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 the applicant had departed Australia in September 2019. The Tribunal notified the applicant of this information and invited comments, but the applicant failed to respond by the due date or seek an extension. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2).

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