1827434 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who was not in Australia. The applicant sought review of a decision not to grant her a protection visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that she be a non-citizen in Australia. The Tribunal also considered whether it was necessary to assess the applicant's substantive claims for protection given her location.

The Tribunal reasoned that section 36(2) of the *Migration Act 1958* (Cth) mandates that an applicant for a protection visa must be in Australia. Evidence indicated the applicant had departed Australia in September 2023. Despite being notified by the Tribunal and invited to comment on her location, the applicant provided no response. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the essential criterion for a protection visa.

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