1716238 (Refugee)

This matter concerned an application for a protection visa by a person who was not in Australia. The applicant had previously been in Australia but departed in October 2019. The decision under review was affirmed by the Tribunal.

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

The Tribunal reasoned that under section 36(2) of the Migration Act 1958 (Cth), a criterion for a protection visa is that the applicant must be in Australia. Movement records indicated the applicant had left Australia in October 2019. 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 satisfy the requirements of section 36(2). As this criterion was not met, the Tribunal concluded it was unnecessary to consider the applicant's substantive claims for protection.

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