2006020 (Refugee)

The Administrative Appeals Tribunal considered an application for a Protection visa made by a non-citizen who was not in Australia. The applicant had previously been in Australia but had departed. The Tribunal sought to contact the applicant to discuss their location and eligibility for a Protection visa, but was unable to reach them.

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 also considered whether it was necessary to assess the applicant's substantive claims for protection given their absence from Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a Protection visa can only be granted if the applicant is in Australia. Movement records indicated the applicant had left Australia. Despite attempts to contact the applicant at their provided Australian contact details, the Tribunal was unable to confirm their presence within Australia. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion of being in Australia and therefore could not be granted a Protection visa. The Tribunal found it unnecessary to consider the applicant's substantive claims for protection.

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