1910392 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a protection visa by an applicant from China. The applicant was not in Australia, and the Tribunal had invited them to comment on information indicating their absence from the country. No response was received from the applicant by the specified deadline.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant must be a non-citizen in Australia. The Tribunal also considered whether it was appropriate to make a decision without inviting the applicant to appear.

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 left Australia in September 2023. Despite being invited to comment on this information, the applicant failed to respond. Consequently, the Tribunal was satisfied that the applicant did not meet the criterion of being in Australia and therefore could not be granted a protection visa. The Tribunal concluded that it was appropriate to make a decision without an appearance given the circumstances.

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