1811524 (Refugee)

This matter concerned an application for a protection visa by an applicant from China. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the grant of a protection visa.

The primary legal issue before the Tribunal was whether the applicant was a non-citizen in Australia, as stipulated by section 36(2) of the *Migration Act 1958* (Cth), which is a prerequisite for the grant of a protection visa. The Tribunal also considered whether it had jurisdiction to grant the visa given the applicant's location.

The Tribunal found that movement records indicated the applicant had left Australia in August 2021. The Tribunal had written to the applicant to advise that their records showed the applicant was not in Australia and invited comment, but the correspondence was returned undelivered. Being satisfied that the letter was sent to the applicant's correct address for service, the Tribunal concluded that the applicant was not in Australia. Consequently, the Tribunal determined that the applicant did not satisfy the criterion under section 36(2) of the Act and therefore could not be granted a protection visa.

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