2101842 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa made by a non-citizen. The applicant had left Australia, and the Tribunal was reviewing 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 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 departed Australia in November 2021. The Tribunal notified the applicant of this information and invited comment, but received no response. Based on the evidence of the applicant's departure, the Tribunal was satisfied that the applicant was not in Australia and therefore did not satisfy the criterion under section 36(2). Consequently, it was unnecessary for the Tribunal to consider the substantive grounds of the applicant's protection claim.

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