1730397 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who had departed Australia. The decision under review was affirmed by the Tribunal.

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 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 left Australia in February 2022. The Tribunal notified the applicant of this information and invited comment, but remained satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not satisfy the requirements of section 36(2) and could not be granted a protection visa. It was therefore unnecessary to consider the substantive grounds of the applicant's protection claim.

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