1814821 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant had departed Australia and was seeking to have a decision not to grant her a protection visa reviewed.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen *in* Australia at the time of the decision.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated the applicant had left Australia in February 2019. The applicant herself confirmed in correspondence with the Tribunal that she was not in Australia and had sought, but been refused, a Bridging visa B to facilitate her departure and return. As the applicant was not in Australia and did not hold a visa permitting re-entry, she failed to satisfy this essential criterion for a protection visa. Consequently, the Tribunal found it unnecessary to consider the substantive grounds of her protection claim.

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