1716607 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant it. The dispute centred on the applicant's physical presence in Australia, which is a prerequisite for the grant of such a visa. The decision was made by Member Christopher Smolicz of 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, as stipulated by section 36(2) of the *Migration Act 1958* (Cth). This criterion is fundamental for the grant of a protection visa under section 65(1) of the Act.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had departed Australia on 4 June 2018 and was therefore not in the country. The Tribunal notified the applicant of this information and invited comment, but received no response. Consequently, the Tribunal was satisfied that the applicant did not meet the criterion of being in Australia, and thus could not be granted a protection visa. The Tribunal concluded that it was unnecessary to consider the substantive grounds of the applicant's protection claim.