1928446 (Refugee)

This matter concerned an application for a protection visa by an applicant who had departed Australia. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the grant of a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that they be a non-citizen in Australia, as stipulated by section 36(2) of the relevant Act. This criterion is a prerequisite for the grant of a protection visa.

The Tribunal considered movement records which indicated the applicant had left Australia in November 2019. The applicant, in response to the Tribunal's inquiry, confirmed they had departed Australia in November 2019 to visit family in another country on a family reunion visa. The applicant acknowledged this was a mistake as they lost their bridging visa and could not return to Australia. The Tribunal found that the applicant was not in Australia and did not hold a visa enabling re-entry. Consequently, the applicant failed to satisfy the criterion under section 36(2) and the Tribunal had no discretion to grant the visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.