2317902 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision by the Minister to affirm a decision to refuse to grant a protection visa. The applicant had previously been granted a protection visa, but this visa was cancelled under s 501(2) of the *Migration Act 1958* (Cth) due to character grounds. Following the cancellation, the applicant left Australia and subsequently applied for a protection visa from outside Australia. The primary issue before the court was whether the applicant could be granted a protection visa when they had departed Australia following the cancellation of a previous protection visa on character grounds.

The court was required to determine whether the applicant met the criteria for a protection visa under s 36 of the *Migration Act 1958* (Cth), specifically considering the impact of their departure from Australia after a character-based visa cancellation on their eligibility. The central question was whether the circumstances of their departure and the prior cancellation precluded them from satisfying the requirements for a protection visa.

The court reasoned that the applicant's departure from Australia, following the cancellation of their protection visa under s 501(2) of the *Migration Act 1958* (Cth), meant that they could not satisfy the requirements for a protection visa. The court applied the principle that a person who has had a protection visa cancelled on character grounds and has subsequently departed Australia is generally not eligible to be granted a protection visa. The court found that the applicant had not demonstrated that they met the criteria for a protection visa in these circumstances.

The application for review was dismissed.