2015869 (Refugee)

This matter concerned an application for a protection visa by an applicant who was not in Australia. The decision under review was affirmed by 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) of the Act, which stipulates that a visa may only be granted if prescribed criteria are satisfied, and section 36(2) of the Act, which provides that a criterion for a protection visa is that the applicant is a non-citizen in Australia. Movement records indicated the applicant had departed Australia. The Tribunal notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied the applicant was not in Australia and therefore did not meet the criterion under section 36(2), making it unnecessary to consider the substantive claims for the visa.

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