1726500 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who was not within Australia. The applicant had previously departed Australia on 20 March 2018.

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 reasoned that under section 36(2) of the *Migration Act 1958* (Cth), a criterion for a protection visa is that the applicant must be in Australia. Movement records indicated the applicant had left Australia, and the Tribunal had advised the applicant of this information and invited comment, which was not received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the essential criterion for the grant of a protection visa. 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.