2014416 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from the Philippines. The dispute arose because the applicant had departed Australia and, consequently, was not physically present in the country at the time of the Tribunal's review.

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 present in Australia. The Tribunal also had to consider the procedural implications of the applicant's departure and their subsequent failure to respond to a request for information within the prescribed timeframe.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted to an applicant who is in Australia. Movement records indicated the applicant had departed Australia in September 2023 and did not hold a visa allowing their return. Despite receiving a response from the applicant's representative after the deadline, which confirmed their departure and inability to return, the Tribunal found that the applicant was not in Australia. As this fundamental criterion was not met, the Tribunal concluded 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.