1709939 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by a Sri Lankan national. The applicant had departed Australia, and the Tribunal was reviewing a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that they must be a non-citizen *in* Australia. The Tribunal also considered whether it was necessary to assess the applicant's substantive claims for protection given their absence from Australia.

The Tribunal reasoned that under section 36(2) of the *Migration Act 1958* (Cth), a protection visa can only be granted if the applicant is in Australia. Movement records indicated the applicant had left Australia in March 2018. The Tribunal had notified the applicant of this information and provided an extension for them to comment. However, the applicant's solicitors indicated they had no instructions. Consequently, the Tribunal was satisfied the applicant was not in Australia and therefore did not meet the statutory requirement for a protection visa.

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