2305742 (Refugee)

The Administrative Appeals Tribunal, constituted by Member Hollie Kerwin, considered an application for a protection visa by an applicant from the Solomon Islands. The dispute centred on whether the applicant met the criteria for a protection visa, specifically the requirement of being in Australia.

The primary legal issue before the Tribunal was whether the applicant satisfied the criterion under section 36(2) of the *Migration Act 1958* (Cth) that they be a non-citizen in Australia. This criterion is a prerequisite for the grant of a protection visa.

The Tribunal's reasoning was based on movement records indicating the applicant had left Australia in September 2023. Pursuant to section 424A of the Act, the Tribunal notified the applicant of this information and invited comment, but no response was received by the specified date. Consequently, the Tribunal was satisfied that the applicant was not in Australia, and therefore did not meet the essential criterion for a protection visa. The Tribunal concluded that it was not necessary to consider the substantive claims for protection.

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