2007808 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from Bangladesh. The dispute arose because the applicant had apparently left Australia, which raised questions about their eligibility for 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 must be a non-citizen present in Australia. The Tribunal also had to determine whether it was necessary to consider the applicant's substantive claims for protection given their apparent departure 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 in March 2024. 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 statutory criterion. As a result, it was unnecessary for the Tribunal to consider the merits of the applicant's substantive case for protection.

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