1831622 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who had departed Australia. The core of the dispute was whether the applicant met the fundamental eligibility requirements for a protection visa, specifically the requirement of being physically present within Australia at the time of the decision.

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, for the grant of a protection visa. This criterion is a prerequisite for the consideration of any substantive claims for protection.

The Tribunal's reasoning focused on the jurisdictional requirement of presence in Australia. Movement records indicated that the applicant had left Australia in December 2018. The Tribunal notified the applicant of this information and invited comment, but no response was received. Based on the available evidence and the lack of a response, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant failed to satisfy the criterion under section 36(2) and therefore could not be granted a protection visa. The Tribunal affirmed the decision not to grant the visa, finding it unnecessary to consider the applicant's substantive protection claims.