2017933 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa. The primary dispute concerned the validity of the applicant's second Safe Haven Enterprise visa application, which the applicant contended was valid because a section 48A bar had been lifted. The decision was made by a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant's second Safe Haven Enterprise visa application was valid, notwithstanding the operation of section 48A of the *Migration Act 1958* (Cth), and consequently, whether the Tribunal had the power to consider the application.

The Tribunal reasoned that the applicant's second Safe Haven Enterprise visa application was not valid. It concluded that the Tribunal lacked the power to consider an application that was not valid. Accordingly, the Tribunal set aside its previous decision refusing to grant a protection visa and substituted a decision that the protection visa application was not valid and therefore could not be considered.