1813418 (Refugee)

The applicant, a citizen of Indonesia, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of a protection visa. The applicant had departed Australia after the initial refusal of their visa application. The Administrative Appeals Tribunal had affirmed the delegate's decision to refuse the protection visa.

The primary legal issue before the court was whether the applicant was entitled to a protection visa under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), notwithstanding their departure from Australia. This involved considering the applicant's claims for protection and the implications of their voluntary departure on their eligibility for a visa.

The court considered the applicant's claims for protection, which were based on fear of persecution in Indonesia. However, the court noted that the applicant had voluntarily departed Australia. The court applied the principles established in relevant case law concerning the assessment of protection claims and the effect of departure from Australia on such claims. The court found that the applicant's departure from Australia meant that they were not able to be granted a protection visa.

The application for review was dismissed.