1708209 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who had departed Australia. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of 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 *Migration Act 1958* (Cth), a criterion for a protection visa is that the applicant must be in Australia. Movement records indicated that the applicant had departed Australia in May 2019. 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 and therefore did not satisfy the criterion under section 36(2). As this criterion was not met, the Tribunal concluded it was unnecessary to consider the substantive claims for the grant of the visa.

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