2429165 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a non-citizen who had departed Australia. The applicant's substantive case for the visa was not examined by the Tribunal due to the applicant's absence from Australia.

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 *in* Australia. The Tribunal also considered the applicant's response, or lack thereof, to the Tribunal's invitation to comment on information suggesting their departure from Australia.

The Tribunal reasoned that under section 36(2) of the relevant Act, a protection visa can only be granted if the applicant is physically present in Australia. Movement records indicated that the applicant had left Australia in July 2024. The Tribunal notified the applicant of this information and invited them to provide comments, but received no response. Consequently, the Tribunal was satisfied that the applicant was not in Australia and therefore did not meet the statutory criterion for the grant of a protection visa.

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