2008338 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Vietnamese national. The applicant had departed Australia in October 2023 while holding a Bridging visa C. The Tribunal's review concerned the decision not to grant the applicant a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen in Australia. The Tribunal also had to determine whether it was appropriate to make a decision without inviting the applicant to a hearing, given the circumstances.

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 and did not hold a visa that would permit her return. The Tribunal notified the applicant's representative of this information and invited comment, but no response was received. 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 affirmed the decision not to grant the protection visa.