1900069 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of China. The applicant had previously been in Australia but had departed the country. The Tribunal's decision under review was a refusal to grant the protection visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen present in Australia. The Tribunal also considered whether it was necessary to assess the applicant's substantive claims for protection given the preliminary issue of their presence in Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is in Australia. Movement records indicated that the applicant had left Australia in April 2024. The Tribunal notified the applicant of this information and invited comment, but received no response. Based on this, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the criterion under section 36(2). Consequently, the Tribunal concluded that it was unnecessary to consider the applicant's substantive case for protection.

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