2119213 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant who had departed Australia. The dispute centred on whether the applicant met the eligibility criteria for the visa, specifically the requirement of being in Australia.

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

The Tribunal reasoned that movement records indicated the applicant had left Australia in January 2024. Consequently, the applicant was not in Australia, and therefore did not satisfy the criterion under section 36(2) of the Act. The Tribunal had invited the applicant to comment on this information, but no response was received. As the applicant did not meet this fundamental requirement, the Tribunal concluded it was unnecessary to consider the substantive grounds of the protection claim. The Tribunal affirmed the decision not to grant the applicant a protection visa.