1720571 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who was outside Australia. The applicant had indicated an intention to withdraw their application for review and subsequently departed Australia.

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 (Cth) that the applicant must be a non-citizen in Australia.

The Tribunal reasoned that as the applicant had left Australia, they no longer satisfied the criterion stipulated in section 36(2) of the Act. Consequently, the Tribunal determined that it was unnecessary to consider the applicant's substantive claims for protection. The Tribunal affirmed the decision not to grant the protection visa.