2017940 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who had departed Australia. The applicant sought to have a decision not to grant the visa reviewed.

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. This criterion is stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had left Australia in October 2023. Despite the applicant's stated desire to return and the reasons for his departure, the Tribunal found that the applicant was not in Australia at the time of the decision. Consequently, the applicant failed to meet the essential criterion for the grant of a protection visa.

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