1919323 (Refugee)

The applicant sought a protection visa, but the Administrative Appeals Tribunal affirmed the decision not to grant the visa. The dispute arose because the applicant had departed Australia, rendering them ineligible for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied 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 their absence from Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a criterion for a protection visa is that the applicant must be in Australia. Movement records indicated the applicant had left Australia in November 2019. The Tribunal notified the applicant of this information and invited comment, but no response was received by the due date. Consequently, the Tribunal was satisfied the applicant was not in Australia and therefore did not meet the statutory requirement. 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.