DLX18 v Minister for Home Affairs

The applicant, DLX18, sought judicial review of a decision by a delegate of the Minister for Home Affairs to refuse to grant a third protection visa. The delegate's decision was based on the applicant's previous applications for protection visas and the operation of section 48A of the *Migration Act 1958* (Cth). The Minister sought summary dismissal of the application for review. The matter came before Judge Barnes in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the application for judicial review was an abuse of process or otherwise without merit, justifying summary dismissal. This required the Court to consider the proper application of section 48A of the *Migration Act*, which generally prevents a non-citizen who has had a visa refused or cancelled from applying for a protection visa unless certain exceptions apply. The Court also had to determine if the applicant had raised any arguable case for review of the delegate's decision.

Judge Barnes reasoned that section 48A of the *Migration Act* was a significant bar to the applicant's claim. The delegate had correctly identified that the applicant had previously had protection visa applications refused, and no exception under section 48A appeared to apply. The Court found that the applicant had not demonstrated any error in the delegate's application of section 48A, nor had they raised any substantial question of law that warranted further consideration. Consequently, the application for judicial review was deemed to be without merit.

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