1806870 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual from Taiwan. The applicant's claim for a protection visa was refused, and this decision was under review 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 a non-citizen present in Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is in Australia. Movement records indicated that the applicant had departed Australia in June 2018. The Tribunal communicated this information to the applicant, inviting comment, but received no response. Based on the evidence of the applicant's departure, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2). Consequently, it was unnecessary for the Tribunal to consider the substantive grounds of the applicant's protection claim.

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