2104815 (Refugee)

The applicant, a non-citizen who arrived in Australia by sea at the Territory of Ashmore and Cartier Islands, sought review of a delegate's decision to refuse their application for a Safe Haven Enterprise visa. The dispute concerned the validity of the applicant's visa application and whether certain bars to making a valid application applied. The matter was heard by the Tribunal.

The Tribunal was required to determine whether the applicant's second visa application was valid, specifically considering the application of section 48A of the Migration Act 1958. The Tribunal also had to consider whether the section 91K bar, which can prevent certain non-citizens from making further visa applications, was applicable in this instance.

The Tribunal reasoned that the section 91K bar did not apply to the applicant. However, it found that the section 48A bar remained operative and had not been lifted. As a consequence, the Tribunal concluded that the applicant's second visa application was invalid. The Tribunal therefore set aside the delegate's decision to refuse the visa application and substituted it with a decision that the visa application was invalid.