1708893 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of China. The applicant was not physically present in Australia at the time of the Tribunal's decision. The dispute centred on whether the applicant met the eligibility criteria for a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that they be a non-citizen in Australia, as stipulated by section 36(2) of the *Migration Act 1958* (Cth). This section is a mandatory requirement for the grant of a protection visa.

The Tribunal reasoned that under section 65(1) of the *Migration Act 1958* (Cth), a visa can only be granted if the prescribed criteria are met. The Tribunal had received information indicating the applicant had departed Australia on 13 March 2020 and had not returned. In accordance with section 424A of the Act, the Tribunal notified the applicant of this information and invited a response, which was not received. Consequently, the Tribunal was satisfied that the applicant did not meet the criterion of being in Australia, and therefore could not be granted a protection visa. The Tribunal affirmed the decision not to grant the protection visa.