2114680 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of East Timor. 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 of being a non-citizen *in* Australia, as required by section 36(2) of the *Migration Act 1958* (Cth) for the grant of a protection visa.

The Tribunal reasoned that section 65(1) of the Act mandates that a visa can only be granted if prescribed criteria are satisfied. It noted that section 36(2) specifically requires an applicant for a protection visa to be in Australia. Movement records indicated the applicant departed Australia in September 2023. The Tribunal provided the applicant with an opportunity under section 424A of the Act to comment on this information, but no response was received. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the essential criterion for a protection visa.

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