2400117 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from India. The applicant had previously left Australia, and the Tribunal was reviewing a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically the requirement that the applicant be a non-citizen present in Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is in Australia. Movement records indicated that the applicant had departed Australia in March 2024. The Tribunal notified the applicant of this information and invited comment, but ultimately found 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 deemed 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.