1925013 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse to grant the applicant, who claims to be a citizen of India, a protection visa. The applicant had applied for the visa on 14 May 2019.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement under s 36(2) of the *Migration Act 1958* (Cth) that the applicant must be a non-citizen in Australia.

The Tribunal noted that movement records indicated the applicant had left Australia in July 2022. Consequently, the Tribunal contacted the applicant, advising that their records showed the applicant was not in Australia and therefore could not be granted a protection visa, inviting comment. As no response was received, the Tribunal was satisfied that the applicant was not in Australia and thus did not satisfy the criterion under s 36(2). The Tribunal concluded that it was unnecessary to consider the applicant's substantive case for the visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.