2201675 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant had departed Australia, and the Tribunal had invited comment on information indicating their absence from the country. No response was received from the applicant.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a protection visa, specifically the requirement under section 36(2) of the *Migration Act 1958* (Cth) that the applicant must be a non-citizen *in* Australia.

The Tribunal reasoned that movement records indicated the applicant had left Australia in October 2022. As a protection visa can only be granted to an applicant who is in Australia, and the applicant was not present in the country, they could not satisfy this essential criterion. The Tribunal noted that it had invited the applicant to respond to this information, but no response was forthcoming. Consequently, the Tribunal was satisfied that the applicant did not meet the requirements of section 36(2) and 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.