2201630 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who had departed Australia. The applicant's claim for a protection visa was under review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion for a protection visa that they must be a non-citizen in Australia. This criterion is stipulated by section 36(2) of the relevant Act.

The Tribunal reasoned that a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had left Australia in December 2023. The Tribunal notified the applicant of this information and invited comment, setting a deadline for response. As no communication was received from the applicant by the specified date, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not meet the requirements of section 36(2) and could not be granted a protection visa. The Tribunal found it unnecessary to consider the substantive merits of the applicant's protection claims.

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