1828563 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who was not in Australia. The dispute arose because the applicant's presence in Australia was a prerequisite for the grant of such a visa, and movement records indicated the applicant had departed Australia.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa, specifically the requirement under section 36(2) of the *Migration Act 1958* (Cth) that the applicant be a non-citizen in Australia.

The Tribunal reasoned that section 65(1) of the *Migration Act 1958* (Cth) mandates that a visa can only be granted if the prescribed criteria are met. As the applicant was not in Australia, they failed to satisfy the criterion stipulated in section 36(2). The Tribunal had notified the applicant of this issue and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant did not meet the jurisdictional requirement of being in Australia, rendering it unnecessary to consider the substantive grounds for protection. The Tribunal affirmed the decision not to grant the protection visa.