2008939 (Refugee)

This decision concerns an application for a protection visa by a child born in Australia. The applicant's claim for a protection visa was reviewed by the Tribunal. The central issue before the Tribunal was whether the applicant, who was born in Australia, had acquired Australian citizenship and, consequently, whether she remained eligible for a protection visa.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically the requirement under section 36(2) of the Act that an applicant must be a non-citizen. The Tribunal considered evidence from the Department of Home Affairs indicating that the applicant had acquired Australian citizenship in July 2022 and remained an Australian citizen. The Tribunal also considered the applicant's lack of response to correspondence regarding her continued desire to pursue the review application, given her change in citizenship status.

The Tribunal reasoned that a protection visa can only be granted to a non-citizen, as per the object of the Migration Act 1958 (Cth) to regulate the presence of non-citizens in Australia. As the applicant was found to be an Australian citizen, she did not satisfy the criterion of being a non-citizen. The Tribunal noted that despite attempts to solicit a response from the applicant or her representatives regarding her citizenship status and her intention to continue the review, no satisfactory response was received.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, as she no longer met the fundamental eligibility requirement of being a non-citizen.