2207614 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a person who had departed Australia. The Tribunal, constituted by Member Melissa McAdam, was tasked with determining whether the applicant met the criteria for the grant of a protection visa.

The central legal issue before the Tribunal was whether the applicant satisfied the criterion that they be a non-citizen *in* Australia, as stipulated by section 36(2) of the relevant Act. This criterion is a prerequisite for the grant of a protection visa under section 65(1).

The Tribunal reasoned that movement records indicated the applicant had left Australia in January 2024. Consequently, the applicant was not physically present in Australia, failing to meet the fundamental requirement of section 36(2). The Tribunal had notified the applicant of this information and invited comment, but no response was received. Based on the evidence of the applicant's departure, the Tribunal concluded that the applicant did not satisfy the criterion of being in Australia and therefore could not be granted a protection visa. 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.