1704162 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant sought review of a decision by the Department of Immigration not to grant the visa. The decision was heard by Roslyn Smidt, a Member of the Tribunal.

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 considered evidence from the Department of Immigration's movement records, which indicated that the applicant had departed Australia in September 2017. The Tribunal notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia. As a result, the Tribunal concluded that the applicant did not satisfy the criterion under s.36(2) of the Act, which mandates that an applicant for a protection visa must be in Australia. The Tribunal found it unnecessary to consider the substantive grounds of the applicant's claim for protection.

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