1808977 (Refugee)

The applicant, a citizen of China, sought a protection visa. The dispute arose when the Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that they must be a non-citizen in Australia. This was in light of evidence suggesting the applicant had departed 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 the applicant had left Australia in October 2021. The Tribunal had invited the applicant to comment on this information, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the statutory criterion for the grant of a protection visa.

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