1930771 (Refugee)

The applicants, who claim to be citizens of India, sought review of decisions made by a delegate of the Minister for Home Affairs to refuse them protection visas. The applicants had applied for these visas in November 2016.

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

The Tribunal noted that movement records indicated the applicants had left Australia in August 2022. Consequently, they were not in Australia and therefore did not satisfy the criterion in section 36(2) of the Act. The Tribunal had invited the applicants to comment on this information, but no response was received. As the applicants were not in Australia, the Tribunal concluded that it was unnecessary to consider the substantive grounds of their protection claims. The Tribunal affirmed the delegate's decision not to grant the protection visas.