2108655 (Refugee)

The applicant, a citizen of Pakistan, sought review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning his application for a protection visa. The applicant arrived in Australia by sea at the Territory of Ashmore and Cartier Islands. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Minister's decision.

The primary legal issues before the AAT were whether the applicant was barred from making a valid application for a protection visa under section 48A of the *Migration Act 1958* (Cth), and if so, whether any exceptions to this bar applied. The AAT also considered the applicability of section 91K of the *Migration Act 1958* (Cth) in the context of the applicant's arrival.

The AAT found that the applicant's arrival at the Territory of Ashmore and Cartier Islands meant that section 91K of the *Migration Act 1958* (Cth) did not apply to prevent him from making a valid application for a protection visa. However, the AAT determined that the applicant was subject to the bar imposed by section 48A of the *Migration Act 1958* (Cth), as he had previously had a visa application refused. Crucially, the AAT found that no exceptions to the section 48A bar were applicable in this instance. Consequently, the AAT concluded that the applicant's second visa application was invalid.

The AAT substituted its own decision for that of the Minister, finding that the applicant did not satisfy the criteria for a protection visa because his application was invalid.