1706221 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who was not physically present in Australia. The applicant sought review of the decision not to grant the visa before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that requires the applicant to be a non-citizen in Australia, as stipulated by section 36(2) of the *Migration Act 1958* (Cth).

The Tribunal considered evidence from the Department of Immigration's movement records, which indicated the applicant had departed Australia in July 2017. The Tribunal notified the applicant of this information and invited comment, but no response was received. Based on this evidence, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not satisfy the criterion under section 36(2). Consequently, the Tribunal found it unnecessary to consider the substantive claims for the grant of the protection visa.

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