2013318 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to an applicant from the Philippines. The review was heard by Samira Kamandi, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen *in Australia*.

The Tribunal considered section 65(1) and section 36(2) of the *Migration Act 1958* (Cth), which stipulate that a protection visa may only be granted if the applicant is in Australia. Evidence before the Tribunal indicated that the applicant had departed Australia in December 2023. The Tribunal had notified the applicant of this information and invited comment, but no response was received from the applicant. The applicant's migration agent also indicated an inability to contact the applicant and withdrew their representation. Based on the available information, 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, it was unnecessary to consider the substantive grounds of the protection claim.

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