2016702 (Refugee)

This matter concerned an application for a protection visa by an applicant who had left Australia. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion for a protection visa that they must be a non-citizen in Australia.

The Tribunal reasoned that under section 36(2) of the Act, a protection visa can only be granted if the applicant is in Australia. Movement records indicated that the applicant had departed Australia in February 2024. The Tribunal notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the requirements of section 36(2). As this criterion was not met, it was unnecessary to consider the substantive claims for the grant of the visa.

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