1716819 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from Vietnam. The central dispute concerned whether the applicant met the threshold requirement for the grant of such a visa, specifically whether they were located within Australia.

The Tribunal was required to determine if the applicant satisfied the criterion that they be a non-citizen in Australia, as stipulated by section 36(2) of the relevant Act. This determination was a prerequisite for considering the substantive claims for protection.

The Tribunal's reasoning was based on movement records indicating the applicant had departed Australia in January 2019. The Tribunal had contacted the applicant to advise them of this information and invite 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). As this essential criterion was not met, the Tribunal found it unnecessary to assess the applicant's substantive claims for protection. The Tribunal affirmed the decision not to grant the applicant a protection visa.