1914689 (Refugee)

The applicant, a citizen of China, sought a protection visa. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the grant of such a visa.

The primary legal issue before the Tribunal was whether the applicant, who had left Australia, satisfied the criterion that they must be a non-citizen *in* Australia to be eligible for a protection visa. The Tribunal noted that section 36(2) of the relevant Act stipulates that an applicant for a protection visa must be in Australia.

The Tribunal considered movement records which indicated the applicant had departed Australia in August 2019. The Tribunal communicated this information to the applicant, inviting comment, but received no response. Based on the evidence of the applicant's departure and the lack of any response, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not meet the criterion under section 36(2) and therefore could not be granted a protection visa. The Tribunal affirmed the decision not to grant the visa, finding it unnecessary to consider the substantive grounds of the protection claim.