2011421 (Refugee)

This matter concerned an application for a protection visa by an applicant who had departed Australia. The decision under review was made by the Refugee Tribunal, with Member Samira Kamandi presiding.

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 considered that under section 36(2) of the *Migration Act 1958* (Cth), a protection visa can only be granted if the applicant is in Australia. Evidence indicated that the applicant had departed Australia in January 2024. The Tribunal notified the applicant of this information and invited comment, advising that a decision might be made without further action if no response was received. As no response was provided by the applicant, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion under section 36(2) of the Act. Consequently, the Tribunal found it unnecessary to consider the substantive grounds of the protection claim.

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