2005238 (Refugee)

[2024] AATA 1781

2005238 (Refugee) [2024] AATA 1781 (28 May 2024)

DECISION RECORD

DIVISION:	Migration & Refugee Division
CASE NUMBER:	2005238
COUNTRY OF REFERENCE:	Indonesia
MEMBER:	Fraser Robertson
DATE:	28 May 2024
PLACE OF DECISION:	Perth
DECISION:	The Tribunal affirms the decision not to grant the applicant a protection visa.
Statement made on 28 May 2024 at 4:06pm

CATCHWORDS

REFUGEE – protection visa – Indonesia – applicant left Australia – decision under review affirmed

LEGISLATION

Migration Act 1958 (Cth), ss 36, 65

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

1. This is an application for review of a decision to refuse to grant the applicant a protection visa under s 65 of the Migration Act 1958 (Cth) (the 'Act').

2. Under s 65(1) a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa have been satisfied.

3. Section 36(2) of the Act provides that a criterion for the grant of a protection visa is that the applicant for the visa is a non-citizen in Australia. This means that a protection visa may only be granted if the applicant is present in Australia at the time of the decision.

4. Information available to the Tribunal indicates the applicant departed Australia [in] September 2023.

5. On 30 April 2024 the Tribunal wrote to the applicant advising that they appeared to have departed Australia and therefore could not be granted a protection visa. The applicant was invited to comment or respond to that information by 14 May 2024.

6. The applicant did not respond.

7. I am satisfied that the applicant is not in Australia. Therefore, the applicant cannot satisfy the requirements of s 36(2) to be granted a protection visa. The decision under review must be affirmed.

   DECISION

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

   Fraser Robertson
   Member