2310233 (Refugee)

The applicant, a citizen of Afghanistan, sought judicial review of the Minister for Immigration, Citizenship and Multicultural Affairs' decision to refuse to grant him a protection visa. The applicant had previously made an application for a protection visa which was refused, and this current application was considered a repeat application. The matter came before Justine Clarke in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether it had jurisdiction to hear the applicant's appeal against the refusal of his protection visa application, given that it was a repeat application and the applicant had been subject to the Malaysia Arrangement. The Court was required to consider the operation of the *Migration Act 1958* (Cth) and relevant regulations concerning repeat applications and offshore processing arrangements.

Her Honour found that the applicant's previous application for a protection visa had been finally determined. Consequently, the current application was a repeat application within the meaning of the *Migration Act*. The Court noted that under the relevant provisions, the Minister had no power to make a protection visa decision in relation to a repeat application, and therefore, the Court had no jurisdiction to review such a decision. The Court applied the principles established in cases concerning the finality of decisions and the statutory limitations on the review of repeat applications, particularly in the context of offshore processing arrangements.

The Court ordered that the application for judicial review be dismissed for want of jurisdiction.