Soondur v Minister for Immigration & Multicultural Affairs [2001] FCA 124

Soondur v Minister for Immigration & Multicultural Affairs [2001] FCA 124

Because Ms Soondur had previously applied for refugee status and that application had been refused, s 48A prevented her from making the third protection visa application while in the migration zone unless the Minister made a determination under s 48B. No such determination had been made, so the application of 19 December 2000 was invalid and the Minister was required by s 47(3) not to consider it. There was therefore no decision under s 50 and no relevant reviewable decision for Part A. The applicants were unlawful non-citizens when detained on 18 October 2000, and s 189(1) operated to require their detention; the alleged non-receipt of the 10 August 1999 letter did not affect that...

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Application for an Order for Review Under S 486 of the Migration Act 1958 (cth) and S 8 of the Administrative Decisions (judicial Review) Act 1977 (cth) / Final Judgment on Notice of Objection to Competency
Outcome
Application dismissed as incompetent with costs.
Legal Topics
['protection Visa Applications' 'invalid Visa Applications' 'ministerial Intervention Under S 48 B' 'judicial Review Competency' 'immigration Detention' 'unlawful Non Citizens']
['migration Law' 'administrative Law'] ['protection Visa Applications' 'invalid Visa Applications' 'ministerial Intervention Under S 48 B' 'judicial Review Competency' 'immigration Detention' 'unlawful Non Citizens']

Case Brief

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Procedural Posture

Application for an Order for Review Under S 486 of the Migration Act 1958 (cth) and S 8 of the Administrative Decisions (judicial Review) Act 1977 (cth) / Final Judgment on Notice of Objection to Competency

Legal Issues

  1. 1 ['Whether there was a reviewable decision under s 50 of the Migration Act 1958 (Cth) in relation to the third protection visa application lodged on 19 December 2000.' 'Whether s 48A of the Migration Act 1958 (Cth) prevented the applicant from making a further protection visa application in the absence of a determination under s 48B.' "Whether the Department's decision not to refer the matter to the Minister under s 48B was reviewable or gave rise to a duty to consider the application." "Whether the detention of the applicants on 18 October 2000 was unlawful because the Department's letter of 10 August 1999 was allegedly not received." 'Whether Part A or Part B of the application identified a judicially-reviewable decision under s 475(1)(c) of the Migration Act 1958 (Cth) or a decision to which the Administrative Decisions (Judicial Review) Act 1977 (Cth) applied.']

Ratio Decidendi

Because Ms Soondur had previously applied for refugee status and that application had been refused, s 48A prevented her from making the third protection visa application while in the migration zone unless the Minister made a determination under s 48B. No such determination had been made, so the application of 19 December 2000 was invalid and the Minister was required by s 47(3) not to consider it. There was therefore no decision under s 50 and no relevant reviewable decision for Part A. The applicants were unlawful non-citizens when detained on 18 October 2000, and s 189(1) operated to require their detention; the alleged non-receipt of the 10 August 1999 letter did not affect that...

Court Disposition

Application dismissed as incompetent with costs.

Orders

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