2102410 (Refugee)

The Administrative Appeals Tribunal considered an application for review by a person seeking a protection visa, who had apparently departed Australia. The dispute centred on whether the applicant met the threshold requirements for the grant of a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion that they be a non-citizen *in Australia* at the time of the decision, as stipulated by section 36(2) of the *Migration Act 1958* (Cth). This criterion is a prerequisite for the grant of a protection visa under section 65(1) of the Act.

The Tribunal reasoned that movement records indicated the applicant had left Australia on 3 March 2022. The Tribunal notified the applicant of this information and invited comment, but received no response. Based on the available evidence, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant failed to satisfy the criterion under section 36(2) and therefore could not be granted a protection visa. The Tribunal found it unnecessary to consider the substantive claims for protection.

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