2201919 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen. The applicant's claim for a protection visa was refused by the primary decision maker, and this decision was affirmed by the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa, specifically the requirement that the applicant be a non-citizen *in Australia*.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had departed Australia in April 2023. The Tribunal notified the applicant of this information and invited comment, but received no response. Based on the evidence of the applicant's departure, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the criterion stipulated in section 36(2). Consequently, the Tribunal found it unnecessary to consider the substantive grounds of the applicant's protection claim.

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