1723676 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant the visa. The dispute arose because the applicant was not in Australia, a prerequisite for the grant of a protection visa. The decision was made by Member Frances Simmons 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. This criterion is stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that section 65(1) of the Act mandates that a visa may only be granted if the prescribed criteria are satisfied. As section 36(2) requires the applicant to be in Australia, and movement records indicated the applicant had departed Australia in December 2018, the applicant did not satisfy this essential criterion. The Tribunal had contacted the applicant to provide an opportunity to comment on this information, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore ineligible for a protection visa.

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