1931385 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant this visa. The dispute arose because the applicant had left Australia, rendering them ineligible for the visa.

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

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated the applicant had departed Australia in December 2019. The Tribunal communicated this information to the applicant, inviting comment, but received no response. Based on the evidence of the applicant's departure and the lack of any response, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2) of the Act. Consequently, the Tribunal concluded it was unnecessary to consider the substantive grounds of the applicant's protection claim.