1916278 (Refugee)

[2020] AATA 2257

1916278 (Refugee) [2020] AATA 2257 (14 May 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  1916278

COUNTRY OF REFERENCE:                   Uganda

MEMBER:  Jason Pennell

DATE:  14 May 2020

PLACE OF DECISION:  Melbourne

DECISION:  The Tribunal affirms the decision not to grant the

applicants protection visas.

Statement made on 14 May 2020 at 12.24pm

CATCHWORDS

REFUGEE – protection visa – Uganda – applicants left Australia – no response to tribunal’s communication – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 36(2), 65(1)

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

In accordance with s.431 of the Migration Act 1958, the Tribunal will not publish any statement which may identify the applicant or any relative or dependant of the applicant.

STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 18 June 2019 to refuse to grant the applicants protection visas under s.65 of the Migration Act 1958 (the Act). The applicants, who claim to be citizens of Uganda applied for the visas on 30 October 2017.

2. For the following reasons, the Tribunal has decided to affirm the decision under review.

CONSIDERATION OF CLAIMS AND EVIDENCE

1. Under s.65(1) a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa have been satisfied.

2. So far as is relevant to this matter, s.36(2) of the Act provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia. This means that a protection visa may only be granted if the applicant is in Australia.

3. Movement records indicate that the applicants are not in Australia. It appears that they left Australia [in] August 2019. By a letter dated 21 February 2020 that Tribunal advised the applicants that its records showed that they are not in Australia and therefore could not be granted protection visas. The Tribunal invited the applicants to comment on the information, in writing, by 6 March 2020. An email dated 5 March 2020 from Refugee Legal advised the Tribunal that the applicants could not be located.

4. The Tribunal is satisfied from the circumstances set out above that the applicants are not in Australia. Therefore, the applicants do not satisfy the requirements of s.36(2) and cannot be granted protection visas.

5. Having reached this conclusion, it is not necessary to consider the applicants' substantive case for the grant of the visa.

DECISION

1. The Tribunal affirms the decision not to grant the applicants protection visas.

Jason Pennell
Senior Member

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