1815273 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant the visa. The dispute arose because the applicant was not in Australia, a prerequisite for the grant of such a visa. The decision was made by Mila Foster, a Member of 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 be a non-citizen in Australia. This criterion is stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that under section 65(1) of the Act, a visa can only be granted if the prescribed criteria are satisfied. It noted that movement records indicated the applicant had left Australia in November 2018. The Tribunal contacted the applicant to advise that its records showed he was not in Australia and therefore ineligible for a protection visa, inviting comment. As no response was received, the Tribunal was satisfied the applicant was not in Australia and thus did not meet the criterion under section 36(2). Consequently, it was unnecessary to consider the applicant's substantive claims for protection.

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