1826422 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from Fiji. The core dispute revolved around the applicant's presence in Australia, which is a prerequisite for the grant of a protection visa.

The Tribunal was required to determine whether the applicant satisfied the criterion that they be a non-citizen in Australia, as stipulated by section 36(2) of the relevant Act. This determination was central to whether a protection visa could be granted.

The Tribunal's reasoning focused on the jurisdictional requirement of the applicant being physically present in Australia. Movement records indicated the applicant had departed Australia in October 2022. The Tribunal notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2). As this threshold requirement was not met, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claim. The Tribunal affirmed the decision not to grant the protection visa.