2111250 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal that refused to grant a Safe Haven Enterprise visa. The applicant had arrived in Australia by sea at the Territory of Ashmore and Cartier Islands. The Tribunal's decision under review was set aside and substituted with a decision that the applicant's second visa application was invalid and could not be considered.

The primary legal issue before the Tribunal was whether the applicant's second application for a Safe Haven Enterprise visa was valid, given their status as an unauthorised maritime arrival. This question turned on the interpretation of the *Migration Act 1958* (Cth) concerning the definition of an "unauthorised maritime arrival" and the implications for subsequent visa applications.

The Tribunal reasoned that a person who arrived in Australia by sea at the Territory of Ashmore and Cartier Islands is not considered an "unauthorised maritime arrival" for the purposes of the Act. Consequently, the applicant's second visa application, filed after this initial arrival, was barred under section 48A of the *Migration Act 1958*. As the application was invalid from its inception, the Tribunal lacked the power to consider its merits.