1714120 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who had departed Australia. The Administrative Appeals Tribunal, constituted by Member Jason Pennell, 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 left Australia in April 2018. The applicant's agent confirmed via email that the applicant had returned to Turkey to care for their child. Based on this 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 found it unnecessary to consider the substantive claims for protection.

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