1806718 (Refugee)

[2018] AATA 4071

1806718 (Refugee) [2018] AATA 4071 (24 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1806718

COUNTRY OF REFERENCE:                  Pakistan

MEMBER:Shane Lucas

DATE:24 August 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 24 August 2018 at 11:15am

CATCHWORDS
REFUGEE – Protection visa – Pakistan – applicant left Australia – no jurisdiction

LEGISLATION

Migration Act 1958, ss 36, 65, 431

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 6 March 2018 to refuse to grant the applicant a protection visa under s.65 of the Migration Act 1958 (the Act). The applicant, who claims to be a citizen of Pakistan, applied for the visa on 2 May 2017.

2. For the following reasons, the Tribunal has decided to affirm the decision under review.

   CONSIDERATION OF CLAIMS AND EVIDENCE

3. Under s.65(1) of the Act, a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa have been satisfied.

4. So far as is relevant to this matter, s.36(2) of the Act provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia. This means that a protection visa may only be granted if the applicant is in Australia.

5. Movement records indicate that the applicant is not in Australia. It appears that he left Australia on 20 April 2018.

6. The Tribunal wrote to the applicant on 7 August 2018 advising that its records showed that he is not in Australia and therefore could not be granted a protection visa. The applicant was invited to comment on the information within fourteen (14) days (i.e. by 21 August 2018).

7. The applicant wrote to the Tribunal on 15 August 2018 confirming that he had returned to his country of origin. The applicant claimed he returned to Pakistan as he had been informed that his father had been hospitalised after an accident. The applicant claimed that he subsequently discovered his father had not been in an accident, but had been attacked by persons who had previously threatened the applicant’s life. The applicant claimed that he is now living in hiding and requested the Tribunal to continue to consider his case.

8. The Tribunal is satisfied from the circumstances set out above that the applicant is not in Australia. Therefore, the applicant does not satisfy the requirements of s.36(2) and cannot be granted a protection visa.

9. Having reached this conclusion, it is not necessary to consider the applicant's substantive claims for grant of the visa.

   DECISION

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

    Shane Lucas
    Member