1711522 (Refugee)

The applicant, a citizen of Pakistan, sought a protection visa. The dispute concerned whether the applicant met the criteria for the grant of such a visa, specifically the requirement of being in Australia. The decision was made by Mr S Norman, a member of the Tribunal.

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, for the grant of a protection visa. This criterion is a prerequisite for a visa grant under section 65(1) of the Act.

The Tribunal considered evidence from the Department of Immigration's movement records, which indicated the applicant had departed Australia in June 2017. The Tribunal notified the applicant of this information and invited comment. The applicant responded by email, stating they had been forced to return to Pakistan due to family problems and were receiving medical treatment there. Based on this information, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not meet the criterion under section 36(2) and therefore could not be granted a protection visa. The Tribunal deemed it unnecessary to consider the substantive grounds of the applicant's protection claim.

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