Alshams, Ex parte - Re RRT

This matter concerned an application by Alshams for an order of prohibition directed to the Refugee Review Tribunal (RRT). Alshams sought to prevent the RRT from proceeding with a review of a decision made by the Minister for Immigration and Multicultural Affairs to refuse to grant Alshams a protection visa.

The central legal issue before McHugh J was whether the RRT had jurisdiction to review the Minister's decision. This question turned on the interpretation of s 411(1) of the *Migration Act 1958* (Cth), which stipulated that the RRT could review decisions to refuse protection visas, but only if the applicant had not been refused a protection visa on a previous occasion. Alshams had previously been refused a protection visa, and the Minister's current decision was made following a second application.

McHugh J reasoned that the plain meaning of s 411(1) was that the RRT's jurisdiction was limited to reviewing a *first* refusal of a protection visa. The wording "a decision to refuse to grant a protection visa" in s 411(1) was not intended to encompass subsequent refusals. Therefore, as Alshams had been refused a protection visa on a prior occasion, the RRT lacked jurisdiction to review the Minister's subsequent decision.

The application for an order of prohibition was granted.