1832484 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from China. The central dispute concerned whether the applicant met the eligibility requirements for the visa, specifically the requirement of being present in Australia.

The Tribunal was required to determine whether the applicant satisfied the criteria for a protection visa, as stipulated by the *Migration Act 1958* (Cth). The primary legal issue was whether the applicant, who movement records indicated had departed Australia, met the criterion that an applicant for a protection visa must be a non-citizen in Australia.

The Tribunal reasoned that under section 65(1) and section 36(2) of the *Migration Act 1958* (Cth), a protection visa can only be granted if the applicant is in Australia. Evidence from movement records indicated the applicant had left Australia in January 2019. The Tribunal had notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the statutory requirements for the grant of a protection visa.

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