2014580 (Refugee)

The applicant, a citizen of Taiwan, sought review of a decision not to grant him a protection visa. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that he must be a non-citizen in Australia. This criterion is stipulated by section 36(2) of the *Migration Act 1958* (Cth), which mandates that a visa may only be granted if the prescribed criteria are satisfied, including the applicant being in Australia.

The Tribunal reasoned that the applicant's movement records indicated he had left Australia in April 2022. Consequently, the Tribunal wrote to the applicant on 13 July 2022, informing him that his presence in Australia was a prerequisite for a protection visa and inviting him to comment on this information. As no response was received, the Tribunal was satisfied that the applicant was not in Australia. Therefore, he failed to satisfy the requirements of section 36(2) of the Act, rendering him ineligible for a protection visa. The Tribunal concluded that it was unnecessary to consider the substantive grounds of his protection claim.

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