1932404 (Refugee)

The applicant, a claimed citizen of Thailand, sought review of a delegate of the Minister for Home Affairs' decision to refuse a protection visa. The application for the visa was made on 7 January 2019, and the delegate's decision under review was made on 18 October 2019.

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 was also required to consider whether the applicant's substantive claims for protection warranted the grant of a visa.

The Tribunal noted that section 36(2) of the *Migration Act 1958* (Cth) mandates that an applicant for a protection visa must be in Australia. Movement records indicated that the applicant had departed Australia in November 2022. The Tribunal notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2). As this essential criterion was not met, the Tribunal concluded it was unnecessary to consider the applicant's substantive claims for protection.

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