1805421 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant's claim for a protection visa was refused by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant must be in Australia. The Tribunal also considered whether it was necessary to assess the substantive grounds of the applicant's protection claim.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted to a non-citizen who is in Australia. Movement records indicated that the applicant had left Australia in June 2022. The Tribunal had attempted to contact the applicant to invite comment on this information, but the communication was returned as undeliverable. Based on the evidence that the applicant was no longer in Australia, the Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) and therefore could not be granted a protection visa. Consequently, the Tribunal found it unnecessary to consider the substantive merits of the applicant's protection claim.

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