1907659 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who had since departed Australia. 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, as stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Evidence received by the Tribunal indicated that the applicant had departed Australia on 20 July 2021, on a bridging visa that did not permit re-entry. The Tribunal confirmed this departure through movement records. As the applicant was no longer in Australia, they did not meet the fundamental criterion for a protection visa. Consequently, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claim.

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