1924267 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who was not in Australia. The applicant had departed Australia as the holder of a Bridging visa A and had not returned. The Tribunal was therefore reviewing a decision not to grant the applicant a protection visa.

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 also considered whether it was appropriate to make a decision without inviting the applicant to a hearing, given the applicant's absence from Australia and lack of response to a section 424A invitation.

The Tribunal reasoned that section 36(2) of the Migration Act 1958 (Cth) mandates that an applicant for a protection visa must be in Australia. Movement records indicated the applicant had departed Australia and had not returned, nor did they hold a visa permitting re-entry. Despite being invited to comment on this information, the applicant failed to respond. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not satisfy the criterion under section 36(2). The Tribunal concluded that it was appropriate to make a decision without a hearing due to the applicant's absence and lack of response.

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