1830880 (Refugee)

This matter concerns an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant the applicant, who claims to be a citizen of Malaysia, a protection visa. The application was heard by the Tribunal.

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 that the applicant be a non-citizen in Australia.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had departed Australia in April 2020. The Tribunal notified the applicant of this information and invited comment, but neither the applicant nor their representative responded. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2) of the Act. As this criterion was not met, the Tribunal found it unnecessary to consider the applicant's substantive claims for the visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.