1919968 (Refugee)

This matter concerned an application for a protection visa by a non-citizen. The applicant had previously been refused a protection visa, and the Administrative Appeals Tribunal was reviewing that decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen *in Australia*.

The Tribunal considered evidence from movement records which indicated the applicant had departed Australia in August 2022. The Tribunal notified the applicant of this information and invited comment, but no response was received. Based on the available evidence, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) of the Act, which mandates that an applicant for a protection visa must be in Australia. As this essential criterion was not met, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claim.

The Tribunal affirmed the decision not to grant the applicant a protection visa.