1713482 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a protection visa made by an applicant from Taiwan. The applicant was not physically present in Australia at the time of the review.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for the grant of a protection visa, specifically the requirement that the applicant be a non-citizen in Australia.

The Tribunal considered evidence from movement records indicating the applicant had departed Australia on 16 October 2017. 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 meet the criterion under section 36(2) of the Act. As this criterion was not met, the Tribunal concluded it was unnecessary to consider the substantive grounds of the protection claim.

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