2118930 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant had departed Australia, and the decision under review was an affirmation of a previous decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement under section 36(2) of the Act that the applicant must be a non-citizen *in Australia*.

The Tribunal noted that section 65(1) of the Act mandates that a visa can only be granted if prescribed criteria are satisfied. It found, based on movement records, that the applicant had departed Australia in January 2024. The Tribunal had notified the applicant of this information and invited comment, as required by section 424A of the Act, but received no response. Consequently, the Tribunal proceeded to make a decision under sections 424C(2) and 425(2)(c) of the Act. As the applicant was not in Australia, the Tribunal concluded that the criterion under section 36(2) was not satisfied, and it was unnecessary to consider the substantive claims for protection.

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