1917080 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from Pakistan. The applicant was not physically present in Australia at the time of the Tribunal's decision. The dispute concerned whether the applicant met the criteria for the grant of a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that they be a non-citizen in Australia, as stipulated by section 36(2) of the *Migration Act 1958* (Cth). This section is a prerequisite for the grant of a protection visa.

The Tribunal reasoned that under section 65(1) of the *Migration Act 1958* (Cth), a visa can only be granted if the prescribed criteria are met. The Tribunal had evidence, including movement records, indicating the applicant had departed Australia in July 2021 and was not present in the country. The Tribunal notified the applicant of this information and invited comment, but no response was received. 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 affirmed the decision not to grant the protection visa.