1727155 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The decision maker, Bridget Cullen, a Member of the Tribunal, affirmed the original decision.

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 evidence from movement records indicating the applicant had departed Australia in May 2019. The Tribunal notified the applicant of this information and invited comment, but no response was received. Based on this, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not meet the criterion under s.36(2) of the Act, which mandates that an applicant for a protection visa must be in Australia. As this essential criterion was not met, the Tribunal found it unnecessary to consider the applicant's substantive claims for protection.

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