2104149 (Refugee)

The applicant, who arrived in Australia by sea at the Territory of Ashmore and Cartier Islands, sought review of a delegate's decision to refuse their second visa application. The delegate had refused the application on 30 March 2021, and the applicant sought review of this decision on 1 April 2021.

The primary legal issue before the Tribunal was whether the applicant's second visa application was valid. Specifically, the Tribunal was required to determine if the bar imposed by section 48A of the *Migration Act 1958* (Cth) applied to the second application, and if so, whether any provisions existed that would lift that bar.

The Tribunal reasoned that the second visa application was, and always had been, barred under section 48A of the *Migration Act 1958* (Cth). As no provision was identified that would lift this bar, the Tribunal concluded that the second visa application was invalid from its inception. Consequently, the Tribunal had no jurisdiction to consider the merits of the application.

The Tribunal set aside the delegate's decision of 30 March 2021 to refuse the applicant a Safe Haven Enterprise (subclass 790) visa. In substitution, the Tribunal decided that the visa application made on 5 November 2020 was invalid and therefore could not be considered.