1709567 (Refugee)

This matter concerned an application for a protection visa by a Ukrainian national. The applicant was not physically present in Australia at the time of the decision. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the grant of 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 relevant Act. This criterion is a prerequisite for the grant of a protection visa.

The Tribunal considered movement records which indicated the applicant had departed Australia in November 2018. The Tribunal notified the applicant of this information and invited comment, but no response was received. Based on the available evidence, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not meet the essential criterion under section 36(2) and therefore could not be granted a protection visa. The Tribunal affirmed the decision not to grant the visa.