1728786 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who had left Australia. The decision was made by Senior Member Rachel Westaway 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* at the time of the decision.

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 that the applicant had departed Australia on 27 February 2018 and was therefore not in Australia. The Tribunal notified the applicant of this information and invited comment, but received no response. Consequently, the Tribunal was satisfied that the applicant did not meet the criterion of being in Australia and thus could not be granted a protection visa. It was therefore unnecessary to consider the substantive grounds of the protection claim.

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