VUAV v MIMIA

The applicants, VUAV, sought judicial review of a decision by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) to refuse their applications for a Protection Visa. The applicants were citizens of Afghanistan who had arrived in Australia by boat. The Minister's decision was made under s 48 of the *Migration Act 1958* (Cth), which prevents non-citizens who have had a visa refused or cancelled from applying for most other visas while remaining in Australia.

The central legal issue before the High Court was whether s 48 of the *Migration Act* had the effect of preventing the applicants from applying for a Protection Visa, notwithstanding that such applications are generally exempt from the operation of s 48. The applicants contended that their applications for Protection Visas were validly made and that s 48 did not preclude them from seeking such a visa.

Gummow and Heydon JJ held that s 48 of the *Migration Act* did not prevent the applicants from applying for a Protection Visa. Their Honours reasoned that the plain language of s 48, when read in conjunction with the specific provisions relating to Protection Visas, indicated that applications for Protection Visas were not subject to the bar imposed by s 48. The Court found that the legislative intent was to allow individuals who might otherwise be barred by s 48 to seek protection in Australia.

The High Court ordered that the appeal be allowed and that the decision of the Federal Court be set aside. The matter was remitted to the Federal Court for determination according to law.