1909590 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) considered the applications of a Sri Lankan national for Safe Haven Enterprise visas. The applicant arrived in Australia by sea and sought protection. The Tribunal reviewed decisions made in relation to the applicant's second and third visa applications.

The primary legal issues before the Tribunal were whether the applicant's second and third visa applications were valid, and consequently, whether the Tribunal had jurisdiction to consider the merits of those applications. This involved an examination of the application of certain bars under the *Migration Act 1958* (Cth) and whether any exceptions applied.

The Tribunal found that the applicant's second and third visa applications were not valid. It reasoned that while the section 91K bar was not applicable, the section 48A bar remained in effect and had not been lifted. As a result, the applications were invalid from their inception, and the Tribunal lacked jurisdiction to substitute its own decision on the merits.

The Tribunal set aside the original decisions to refuse the applicant a Safe Haven Enterprise visa in both matters. However, it substituted these decisions with a finding that each respective visa application was not valid.