1733045 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by a Sri Lankan national. The applicant had previously been in Australia but had departed the country. The core of the dispute revolved around the applicant's presence in Australia at the time of the decision-making process.

The 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. The Tribunal was also required to determine the significance of the applicant's departure from Australia on their eligibility for the visa.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had left Australia in April 2019. The Tribunal communicated this information to the applicant and invited comment, but received no response. Based on the evidence of the applicant's departure and the lack of any response to the Tribunal's inquiry, the Tribunal was satisfied that the applicant was no longer in Australia. Consequently, the applicant failed to satisfy the criterion under section 36(2) of the Act.

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