2013090 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who had left Australia. The dispute centred on whether the applicant met the eligibility criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that they must be a non-citizen *in* Australia at the time of the decision, as stipulated by section 36(2) of the relevant Act.

The Tribunal's reasoning was based on movement records indicating the applicant had departed Australia in May 2023. The Tribunal notified the applicant of this information and invited comment, but received no response. Consequently, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the fundamental requirement of section 36(2) for the grant of a protection visa. As this criterion was not met, the Tribunal concluded it was unnecessary to consider the applicant's substantive claims for protection.

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