2005238 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an individual who had departed Australia. The Tribunal affirmed the delegate's decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant could satisfy the requirements of section 36(2) of the *Migration Act 1958* (Cth) for the grant of a protection visa. This section requires an applicant to be in Australia to be eligible for such a visa.

The Tribunal found that the applicant was not physically present in Australia. Consequently, the applicant failed to meet the threshold requirement of being in Australia, as mandated by section 36(2). As the applicant could not satisfy this essential criterion, the Tribunal affirmed the delegate's decision not to grant the protection visa.