Hammadi v Minister for Immigration & Multicultural Affairs [2000] FCA 748

Hammadi v Minister for Immigration & Multicultural Affairs [2000] FCA 748

Section 48A(1) applied to the applicant because he was a non-citizen in the migration zone who had previously made an application for a protection visa that had been refused. The later regulations introducing temporary protection visa subclass 785 did not amend or alter the Act, and the regulations had to be read subject to s 48A. The further application was therefore prevented by s 48A and was not a valid application under s 46(1)(d). The Deputy Registrar's advice was not made under the Act relating to visas and was not a Tribunal decision, so the Court had no jurisdiction to review it.

Jurisdiction
Australia
Judgment Date
28 July 2000
Procedural Posture
Application for an Order of Review Concerning Migration Visa Decisions / Federal Court Judicial Review Application
Outcome
Application dismissed.
Legal Topics
['protection Visas' 'temporary Protection Visas' 'validity of Visa Application' 'section 48 a Bar on Further Protection Visa Applications' 'judicially Reviewable Decisions' 'refugee Review Tribunal Jurisdiction']
['migration Law' 'administrative Law'] ['protection Visas' 'temporary Protection Visas' 'validity of Visa Application' 'section 48 a Bar on Further Protection Visa Applications' 'judicially Reviewable Decisions' 'refugee Review Tribunal Jurisdiction']

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Procedural Posture

Application for an Order of Review Concerning Migration Visa Decisions / Federal Court Judicial Review Application

Legal Issues

  1. 1 ["Whether the Department officer's advice that the further protection visa application was not valid because of s 48A of the Migration Act 1958 (Cth) was a judicially-reviewable decision." 'Whether s 48A of the Migration Act 1958 (Cth) prevented the applicant from making a further application for a protection visa while in the migration zone, including an application based on temporary protection visa subclass 785.' "Whether the Deputy Registrar of the Refugee Review Tribunal's advice that the Tribunal had no jurisdiction was reviewable by the Court."]

Ratio Decidendi

Section 48A(1) applied to the applicant because he was a non-citizen in the migration zone who had previously made an application for a protection visa that had been refused. The later regulations introducing temporary protection visa subclass 785 did not amend or alter the Act, and the regulations had to be read subject to s 48A. The further application was therefore prevented by s 48A and was not a valid application under s 46(1)(d). The Deputy Registrar's advice was not made under the Act relating to visas and was not a Tribunal decision, so the Court had no jurisdiction to review it.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]