1704213 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who had previously been in Australia. The applicant's claim for a protection visa was refused, and this decision was under review by 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 must be a non-citizen *in Australia* at the time of the decision. The Tribunal also considered whether it was necessary to assess the substantive grounds of the applicant's protection claim.

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 October 2018. The Tribunal notified the applicant, via correspondence sent to their nominated representative and directly to the applicant, of this information and invited comment. No response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2). As this fundamental requirement was not met, the Tribunal concluded 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.