1732629 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who had departed Australia. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement under section 36(2) of the Act that the applicant must be a non-citizen in Australia.

The Tribunal reasoned that movement records indicated the applicant had left Australia in March 2019. The Tribunal communicated this information to the applicant, inviting comment, but received no response. Consequently, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not satisfy the criterion under section 36(2) of the Act. As this criterion was not met, it was unnecessary for the Tribunal to consider the substantive claims for the grant of the visa. The Tribunal affirmed the decision not to grant the protection visa.