1924828 (Refugee)

[2020] AATA 4028

1924828 (Refugee) [2020] AATA 4028 (13 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1924828

COUNTRY OF REFERENCE:                   Taiwan

MEMBER:Nathan Goetz

DATE:13 August 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 13 August 2020 at 12:19pm

CATCHWORDS

REFUGEE – protection visa – Taiwan – applicant left Australia – decision under review affirmed

LEGISLATION

Migration Act 1958, ss 36, 65

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant last arrived in Australia [in] October 2018 and claims to be a citizen of Taiwan.

3. On 6 February 2019 the applicant applied for a protection visa and on 21 August 2019 the delegate refused to grant the visa.

4. On 5 September 2019 the applicant applied to the Tribunal for a review of the refusal decision.

5. On 17 July 2020 the Tribunal wrote to the applicant under s.424A of the Act because the Tribunal had information that would be a reason or part of the reason for affirming the decision under review. The information was that the applicant was not in Australia. The consequence of this information meant the applicant could not be granted the protection visa. The applicant was invited to comment on or respond to the information in writing by 31 July 2020. The Tribunal never received a response from the applicant.

6. The Tribunal is satisfied from the circumstances set out above that the applicant is not in Australia. The Tribunal is satisfied that the applicant departed Australia [in] April 2020 and has not returned. Therefore, the applicant does not satisfy the requirements of s.36(2) and cannot be granted a protection visa.

7. Having reached this conclusion, it is not necessary to consider the applicant's substantive case for the grant of the visa.

   DECISION

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

   Nathan Goetz
   Member