2217804 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who had departed Australia. The applicant had not responded to the Tribunal's invitation to comment on information indicating their absence from Australia.

The primary legal issue before the Tribunal was whether the applicant met 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 November 2023. Following this, the Tribunal notified the applicant of this information and invited them to provide comments by 14 May 2024. As no response was received by the time of the decision, the Tribunal was satisfied that the applicant was not in Australia. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) and therefore could not be granted a protection visa. 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.