1825047 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Taiwanese national. The applicant had left Australia, and the Tribunal sought to communicate with her regarding her visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement under section 36(2) of the Act that the applicant must be a non-citizen *in* Australia.

The Tribunal reasoned that movement records indicated the applicant had departed Australia in October 2019. Following this, the Tribunal wrote to the applicant on 25 February 2020, informing her that her presence in Australia was a prerequisite for a protection visa and inviting her to respond by 10 March 2020. As no response was received, the Tribunal was satisfied that the applicant was no longer in Australia. Consequently, the Tribunal concluded 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 protection visa.