1731050 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant had departed Australia and was seeking a review of a decision not to grant her a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion for a protection visa that she must be a non-citizen in Australia. The Tribunal also considered whether the applicant had a valid visa to return to Australia.

The Tribunal reasoned that under section 36(2) of the *Migration Act 1958* (Cth), a protection visa can only be granted if the applicant is in Australia. Movement records indicated the applicant had left Australia in December 2019. The Tribunal notified the applicant of this information and invited comment. The applicant responded by stating she was in Malaysia and inquiring what she should do. The Tribunal found this response confirmed she was no longer in Australia and did not possess a valid visa to return. Consequently, the Tribunal concluded the applicant did not satisfy the requirements of section 36(2) and it was unnecessary to consider the substantive grounds of her protection claim.

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