2012601 (Refugee)

[2025] ARTA 340

2012601 (REFUGEE) [2025] ARTA 340 (28 JANUARY 2025)

DECISION AND  

REASONS FOR DECISION

Respondent:  Minister for Immigration and Multicultural Affairs

Tribunal Number:  2012601

Tribunal:General Member Genevieve Hamilton

Place:Melbourne

Date:28 January 2025

Decision:Application dismissed under s 101 of the Administrative Review Tribunal Act 2024 (Cth).

General Member G Hamilton

Statement made on 28 January 2024 at 2:44 pm

CATCHWORDS
REFUGEE – protection visa – Pakistan – applicant left Australia and bridging visa ceased – no reasonable prospects of success – application for review dismissed

LEGISLATION
Migration Act 1958 (Cth), ss 36(2), 65(1)
Administrative Review Tribunal Act 2024 (Cth), s 101

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 369 of the Migration Act 1958 and replaced with generic information.

DISMISSAL DECISION

1. This is an application for review of a decision refusing to grant the applicant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 23 August 2018 and it was refused on 24 July 2020.

2. 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.

3. 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.

4. In June 2023 the applicant appointed a new representative.  In November 2024 his previous representative notified that the applicant wanted to withdraw his review application.  The Tribunal sought confirmation from the applicant and his new representative but received no response. 

5. Movement records indicate that the applicant is not in Australia and that he left Australia [in] October 2024.  His bridging visa ceased when he left Australia and he cannot return on that visa. 

6. The Tribunal is satisfied 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. 

7. Under s 101 of the Administrative Review Tribunal Act 2024 (Cth) the Tribunal may dismiss an application if it is satisfied that the application has no reasonable prospects of success. The Tribunal is satisfied that this application has no reasonable prospects of success given that the applicant is not in Australia and cannot currently return. Considering the circumstances as a whole, the Tribunal has therefore decided to dismiss the application.

   Representative for the Applicant:           Ms Kathleen Coffey