1721056 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who was not in Australia. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen in Australia.

The Tribunal considered section 65(1) of the Act, which stipulates that a visa may only be granted if the prescribed criteria are satisfied. Crucially, section 36(2) of the Act provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia. Movement records indicated that the applicant had departed Australia in May 2019 and was therefore not in Australia. The Tribunal notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant did not meet the criterion under section 36(2) and could not be granted a protection visa.

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