1702302 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from India. The applicant's claim for a protection visa was refused, and the Tribunal was tasked with reviewing this 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 must be a non-citizen present 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 that the applicant had departed Australia in December 2018. The Tribunal communicated this information to the applicant, inviting comment. The applicant responded, confirming he was not in Australia but wished to proceed with his review application, stating he had applied for a tourist visa. The Tribunal was satisfied that the applicant was not in Australia and did not have a right to return. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) and could not be granted a protection visa.

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