S135 of 2003 v MIMIA

The High Court of Australia heard an appeal in *S135 of 2003 v MIMIA*. The dispute concerned the interpretation of the *Migration Act 1958* (Cth) and, specifically, the application of section 48 of that Act, which imposes a bar on certain applications for review by non-citizens in Australia. The appellant, a non-citizen, sought to challenge a decision of the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) to refuse to grant a protection visa.

The central legal issue before the High Court was whether the appellant's application for judicial review of the Minister's decision was barred by section 48 of the *Migration Act*. This required the Court to determine whether the appellant had made a "claim for a protection visa" within the meaning of the Act, and if so, whether the subsequent application for judicial review constituted a "further application for a visa" or a "further application for review of a decision" that would trigger the section 48 bar.

The High Court, comprising McHugh and Heydon JJ, held that the appellant's initial application for a protection visa was indeed a "claim for a protection visa" under the Act. Consequently, their subsequent application for judicial review of the Minister's refusal to grant that visa was considered a "further application for review of a decision" within the meaning of section 48. Therefore, the Court found that the appellant was barred by section 48 from making this application for judicial review. The appeal was dismissed.