1824394 (Refugee)

The applicant sought a protection visa, but the decision under review affirmed the refusal to grant this visa. The dispute arose because the applicant had departed Australia, and a request for deferral of the review decision was declined. The matter came before the Tribunal for determination.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for the grant of a protection visa, specifically under section 65(1) and section 36(2) of the relevant legislation. This involved determining whether the applicant was in Australia at the time of the decision.

The Tribunal reasoned that under section 65(1) of the Migration Act 1958 (Cth), a visa may only be granted if the prescribed criteria are satisfied. The Tribunal was satisfied that the applicant was not in Australia. Consequently, the applicant could not satisfy the criteria for a protection visa, as being in Australia is a prerequisite under section 36(2). Having determined this jurisdictional fact, the Tribunal found it unnecessary to consider the applicant's substantive claims for protection.

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