1920223 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant sought review of a decision not to grant her a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion for a protection visa that she must be a non-citizen in Australia.

The Tribunal noted that section 36(2) of the *Migration Act 1958* (Cth) requires an applicant for a protection visa to be in Australia. Movement records indicated that the applicant had left Australia in February 2024. The Tribunal notified the applicant of this information and invited her to comment, but she did not respond. Based on the available evidence, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the requirements of section 36(2). Consequently, it was unnecessary for the Tribunal to consider the substantive grounds of her protection claim.

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