1805497 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of China. The applicant had departed Australia, and the central dispute concerned whether the Tribunal had jurisdiction to grant the visa given the applicant's absence from Australia.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion for a protection visa that they must be a non-citizen *in Australia*. This criterion is stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present within Australia. Evidence from movement records indicated that the applicant had left Australia on 10 February 2018. The Tribunal had notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the essential criterion for the grant of a protection visa.

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