1717345 (Refugee)

The applicant sought a protection visa, but the delegate of the Minister refused to grant it. The applicant then sought review of this decision before the Administrative Appeals Tribunal. The Tribunal affirmed the delegate's decision to refuse the protection visa.

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 considered movement records which indicated that the applicant had left Australia on 17 October 2017. The Tribunal notified the applicant of this information and invited comment. As the applicant did not provide information to the contrary, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal found that the applicant did not satisfy the criterion under s.36(2) of the *Migration Act 1958* (Cth) that requires an applicant for a protection visa to be in Australia. The Tribunal concluded that it was unnecessary to consider the substantive claims for protection.

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