1832366 (Refugee)

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

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion for a protection visa that they must be a non-citizen in Australia.

The Tribunal reasoned that under section 36(2) of the *Migration Act 1958* (Cth), a protection visa can only be granted if the applicant is in Australia. Movement records indicated that the applicant had departed Australia in September 2021. The Tribunal notified the applicant of this information and invited comment, but was satisfied that the applicant was no longer in Australia. Consequently, the Tribunal concluded that the applicant did not meet the requirements of section 36(2) and could not be granted a protection visa. It was therefore unnecessary to consider the substantive grounds of the applicant's claim for protection.

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