2207697 (Refugee)

This matter concerned an application for a protection visa by an applicant who had departed Australia. The Administrative Appeals Tribunal, constituted by Member Jessica McLeod, was required to determine 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.

The Tribunal's reasoning focused on the applicant's physical presence in Australia. Movement records indicated that the applicant had left Australia in December 2023 while holding a Bridging visa A. The Tribunal notified the applicant that, based on these records, they were not in Australia and did not hold a visa permitting re-entry, thus rendering them ineligible for a protection visa. Despite an invitation to comment on this information, no response was received from the applicant. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the fundamental requirement of section 36(2) of the Act.

As a result of this determination, the Tribunal found it unnecessary to consider the applicant's substantive claims for protection. The Tribunal affirmed the decision not to grant the applicant a protection visa.