1805555 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who had departed Australia. The dispute centred on whether the applicant met the threshold requirement for the grant of such a visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion stipulated in section 36(2) of the *Migration Act 1958* (Cth), which requires an applicant for a protection visa to be a non-citizen in Australia.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Evidence from the Department of Immigration indicated that the applicant had left Australia in May 2018. Despite the applicant’s submissions regarding financial difficulties and visa circumstances preventing their return, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant failed to meet the essential criterion under section 36(2) of the Act.

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