2012586 (Refugee)

[2024] AATA 1849

2012586 (Refugee) [2024] AATA 1849 (30 May 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2012586

COUNTRY OF REFERENCE:                   Taiwan

MEMBER:Khanh Hoang

DATE:30 May 2024

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 30 May 2024 at 4:24pm

CATCHWORDS
REFUGEE – protection visa – Taiwan – applicant left Australia – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 36, 65

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 28 July 2020 to refuse to grant the applicant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant, who claims to be a citizen of Taiwan, applied for the visa on 26 December 2019.

2. For the following reasons, the Tribunal has decided to affirm the decision under review.

   CONSIDERATION OF CLAIMS AND EVIDENCE

3. Under s 65(1) a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa have been satisfied.

4. So far as is relevant to this matter, s 36(2) of the Act provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia. This means that a protection visa may only be granted if the applicant is in Australia.

5. Movement records indicate that the applicant is not in Australia. It appears that she left Australia [in] January 2024. On 1 May 2024, the Tribunal wrote to the applicant via email advising that its records showed that she is not in Australia and therefore could not be granted a protection visa and invited the applicant to comment on the information. The Tribunal advised that the applicant should provide a written response by 15 May 2024. The email was returned to sender. In these circumstances, the Tribunal sent a courtesy copy of the invitation to the applicant’s residential address via express post.

6. The applicant did not respond to the Tribunal’s initiation to comment and did not request an extension of time to respond or to provide information.

7. The Tribunal is satisfied from the circumstances set out above that the applicant is not in Australia. Therefore, the applicant does not satisfy the requirements of s 36(2) and cannot be granted a protection visa.

8. Having reached this conclusion, it is not necessary to consider the applicant's substantive case for the grant of the visa.

   DECISION

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

   Khanh Hoang
   Member