1922623 (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 the visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that they must be a non-citizen *in Australia*. The Tribunal also considered whether it was necessary to determine the applicant's substantive claims for protection given the preliminary issue.

The Tribunal reasoned 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 departed Australia in March 2021. The Tribunal notified the applicant of this information and invited comment, but received no response. Based on this evidence, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the statutory criterion. Consequently, the Tribunal determined 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.