1802508 (Refugee)

This matter concerned an application for protection visas by a group of applicants who were not in Australia. The decision under review was the refusal to grant these visas. The decision was made by Alison Murphy, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa, specifically the requirement that an applicant must be a non-citizen in Australia. The Tribunal also considered whether the applicants' reasons for being outside Australia were relevant to their eligibility for a protection visa.

The Tribunal applied section 65(1) and section 36(2) of the Act, which stipulate that a protection visa may only be granted if the applicant is in Australia. Movement records indicated that the applicants had departed Australia in 2019. The Tribunal communicated this information to the applicants, inviting comment. The first applicant confirmed he was not in Australia, citing his wife's pregnancy, her inability to cope with the weather, and COVID-19 restrictions as reasons for his inability to return. Based on this, the Tribunal was satisfied that the applicants were not in Australia and therefore did not meet the criterion under section 36(2). Consequently, the Tribunal found it unnecessary to consider the substantive claims for protection.

The Tribunal affirmed the decision not to grant the applicants protection visas.