2101087 (Refugee)

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

The primary legal issue before the Tribunal was whether the applicant met the criterion for a protection visa that they must be a non-citizen in Australia, as stipulated by section 36(2) of the *Migration Act 1958* (Cth).

The Tribunal noted that section 65(1) of the *Migration Act 1958* (Cth) requires a decision-maker to be satisfied that prescribed criteria for a visa have been met. The Tribunal was informed that the applicant had departed Australia in September 2023. The Tribunal communicated this information to the applicant, inviting comment by 14 May 2024, and warning that a decision might be made without further action if no response was received. As no response was forthcoming, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the criterion under section 36(2). Consequently, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claim.

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