Reyes, Ex parte re Min for Imm

This matter concerned an application by Reyes for an order of prohibition against the Minister for Immigration. The applicant sought to prevent the Minister from making a decision regarding the applicant's immigration status. The application was heard by McHugh ACJ in chambers.

The central legal issue before the Court was whether the Minister for Immigration had the power to make a decision concerning the applicant's immigration status, or whether such a decision was precluded by the operation of section 48 of the *Migration Act 1958* (Cth). Section 48 generally prevents a non-citizen who is in Australia and has had a visa refused or cancelled from applying for a further visa while remaining in Australia.

McHugh ACJ reasoned that the Minister's power to make a decision regarding the applicant's immigration status was indeed circumscribed by section 48 of the *Migration Act*. His Honour held that the applicant, having had a previous visa application refused and being in Australia, was subject to the prohibition imposed by section 48. Consequently, the Minister was prevented from considering any further visa applications lodged by the applicant while they remained in Australia.

The application for prohibition was therefore granted.