1910066 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from Bangladesh. 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. The Department's movement records indicated that the applicant had departed Australia in December 2021 and did not hold a visa that would permit their return. The Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the requirements of section 36(2). Consequently, the Tribunal found it unnecessary to consider the substantive claims made by the applicant for the grant of the visa.

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