1912444 (Refugee)

The applicant, a citizen of China, sought a protection visa. The dispute arose because the applicant had left Australia, and the Tribunal was unable to grant the visa on this basis. The decision was made by the Administrative Appeals Tribunal.

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 in Australia. The Tribunal also considered whether it was necessary to assess the applicant's substantive claims for protection given the applicant's 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 July 2019. The Tribunal communicated this information to the applicant via email, inviting comment, but received no response. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2). As this criterion was not met, the Tribunal concluded 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.