2101906 (Refugee)

This matter concerned an application for a protection visa. The applicant, who had left Australia in December 2022, did not respond to an invitation from the Tribunal to comment on information indicating she was no longer in Australia. The Tribunal was therefore required to determine whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen in Australia.

The Tribunal considered the provisions of section 65(1) and section 36(2) of the Act, which stipulate that a protection visa may only be granted if the applicant is in Australia. Movement records indicated the applicant had departed Australia. The Tribunal had notified the applicant of this information and invited a response by a specified date, which the applicant failed to provide.

Based on the evidence of the applicant's departure and her lack of response to the Tribunal's invitation, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) of the Act and was therefore ineligible for a protection visa. As this fundamental criterion was not met, 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.