2009688 (Refugee)

The Administrative Appeals Tribunal considered an application for a Protection visa made by a non-citizen who had departed Australia. The dispute arose because the applicant was no longer in Australia, which is a prerequisite for the grant of such a visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa, specifically the requirement under section 36(2) of the *Migration Act 1958* (Cth) that the applicant must be a non-citizen in Australia.

The Tribunal reasoned that movement records indicated the applicant had left Australia in April 2021. The Tribunal had notified the applicant of this information and invited them to respond by 1 October 2021, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not satisfy the criterion under section 36(2). As this criterion was not met, the Tribunal concluded it was unnecessary to consider the substantive claims for protection. The Tribunal affirmed the decision not to grant the Protection visa.