1919577 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant it. The dispute arose because the applicant had left Australia, and the Tribunal was therefore unable to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement under s.36(2) of the Act that the applicant must be a non-citizen in Australia.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated the applicant had departed Australia in March 2020. The Tribunal notified the applicant's authorised representative of this information and invited comment, but the representative advised they no longer acted for the applicant and that the applicant had been copied into the communication. As no further response was received from the applicant, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under s.36(2). Consequently, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claim.