2102783 (Refugee)

The applicant, a citizen of Bangladesh, sought review of a decision made under the *Migration Act 1958* (Cth) concerning their eligibility for a protection visa. The applicant arrived in Australia by sea and was located within the Territory of Ashmore and Cartier Islands. The decision under review was a Part 7-reviewable decision.

The primary legal issues before the court were whether the applicant's second visa application was valid, given the operation of section 48A of the *Migration Act 1958* (Cth), and whether the bar imposed by section 91K of the *Migration Act 1958* (Cth) was applicable to the applicant's circumstances.

The court found that the applicant's second visa application was invalid because the section 48A bar had not been lifted. The court reasoned that section 48A operates to prevent a non-citizen who has had a visa refused or cancelled, and who has subsequently made a further application for a visa, from having that further application considered unless certain conditions are met. As these conditions were not met in this instance, the application was invalid. The court also determined that the section 91K bar was not applicable.

The court substituted the decision under review with a decision that the applicant's visa application was invalid.