SZUIJ v Minister for Home Affairs

The applicant, SZUIJ, sought judicial review of a decision by a delegate of the Minister for Home Affairs to refuse to grant a protection visa. The delegate's decision was based on the applicant's second application for a protection visa being deemed invalid due to the 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 application for judicial review should be summarily dismissed. This required the court to determine whether the applicant had raised a reasonably arguable case that the delegate's decision to invalidate the second protection visa application was affected by jurisdictional error.

Judge Barnes reasoned that section 48A of the *Migration Act* mandates that a non-citizen who has had a protection visa application refused, and who has subsequently made a further application for a protection visa, must have that further application invalidated unless specific exceptions apply. The applicant had not demonstrated that any of the exceptions to section 48A were engaged. Consequently, the delegate's decision to invalidate the second application was not affected by jurisdictional error, and the application for review lacked a reasonably arguable case.

The application for judicial review was summarily dismissed.