1716585 (Refugee)

This matter concerned an application for a protection visa by an applicant who had departed Australia. The Administrative Appeals Tribunal, constituted by Member Lilly Mojsin, was tasked with reviewing the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement under section 36(2) of the Migration Act 1958 that the applicant must be a non-citizen in Australia.

The Tribunal noted that the applicant had been invited to attend a hearing to present their case, but the applicant's representative advised that the applicant had departed Australia. Based on this information, the Tribunal concluded that the applicant was no longer in Australia and therefore did not satisfy the criterion under section 36(2). Consequently, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claims.

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