1909186 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of China. The applicant had left Australia, and the Tribunal was reviewing a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that they must be a non-citizen in Australia. The Tribunal also considered whether it was necessary to assess the applicant's substantive claims for protection given their absence from 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 the applicant had departed Australia in May 2020. The Tribunal attempted to contact the applicant to discuss this information, but its correspondence was returned undelivered. Based on the evidence of the applicant's departure and the inability to contact them, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the applicant did not satisfy the criterion under section 36(2) and could not be granted a protection visa. The Tribunal concluded that it was unnecessary to consider the applicant's substantive claims for protection.

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