1931388 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen in Australia.

The Tribunal noted that section 36(2) of the *Migration Act 1958* (Cth) prescribes that a criterion for a protection visa is that the applicant is a non-citizen in Australia. Movement records indicated that the applicant had departed Australia in January 2020. The Tribunal notified the applicant of this information and invited comment, but no response was received. Based on the available evidence, the Tribunal was satisfied that the applicant was not in Australia and therefore did not satisfy the criterion under section 36(2). Consequently, the Tribunal concluded that it was unnecessary to consider the substantive claims for protection.

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