2013298 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from Fiji. The applicant had left Australia, and the Tribunal had invited comment on this fact before making a decision.

The primary legal issue before the Tribunal was whether the applicant met the criterion of being a non-citizen in Australia, as required by section 36(2) of the relevant Act for the grant of a protection visa.

The Tribunal reasoned that movement records indicated the applicant had departed Australia in July 2023. Despite being notified of this information and invited to respond, the applicant did not provide any comment. Consequently, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the essential criterion for a protection visa. As this fundamental requirement was not met, the Tribunal concluded it was unnecessary to consider the substantive grounds of the applicant's claim for protection.

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