1727990 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from Vietnam. The applicant had left Australia, and the Tribunal sought to invite comment on this fact.

The primary legal issue before the Tribunal was whether the applicant satisfied 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 movement records indicated the applicant had departed Australia in January 2022. Despite being invited to comment on this information, the applicant did not respond within the nominated timeframe. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion stipulated in section 36(2) of the Act. As this criterion was not met, the Tribunal concluded it was unnecessary to consider the substantive claims for the grant of the visa.

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