Applicant S1366-2003 v MIMIA

The Administrative Appeals Tribunal (AAT) was asked to determine whether the applicant, identified as S1366-2003, was a 'person' for the purposes of the *Migration Act 1958* (Cth) and whether the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) had the power to make a decision to refuse to grant a protection visa. The applicant had arrived in Australia without a visa and sought protection.

The central legal issue before the AAT was whether the applicant, who was a child, could be considered a 'person' within the meaning of the *Migration Act* for the purpose of being granted a protection visa. This involved an interpretation of the definition of 'person' in the *Migration Act* and whether it encompassed children.

The Tribunal considered the ordinary meaning of 'person' in legal contexts, which generally includes individuals of all ages. It noted that the *Migration Act* did not contain any specific exclusion for children from the definition of 'person' in relation to visa applications. Therefore, the Tribunal concluded that the applicant, being a child, was indeed a 'person' for the purposes of the Act and that the Minister had the power to consider and refuse a protection visa application made by a child.