AWS18 v Minister for Home Affairs

The applicant, AWS18, sought judicial review of a decision by a delegate of the Minister for Home Affairs. The delegate had determined that AWS18's second application for a protection visa was invalid by operation of section 48A of the *Migration Act 1958* (Cth). The Minister sought summary dismissal of the application for review.

The central legal issue before the Court was whether the Minister's application for summary dismissal should be granted. This required the Court to consider whether AWS18's application for review had no reasonable prospect of success, or if there was no reasonable argument to be made in support of it, as contemplated by the relevant rules of court.

In determining the application for summary dismissal, the Court considered the application of section 48A of the *Migration Act*. This section generally prevents a non-citizen who has had a visa refused or cancelled, and who has subsequently made a protection visa application that was not successful, from making a further application for a visa of any kind while remaining in Australia. The Court's reasoning focused on whether AWS18's circumstances fell within the scope of this prohibition, and consequently, whether the delegate's decision to deem the second protection visa application invalid was correct. The Court found that the application for review had no reasonable prospect of success.

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