Document ID: chunk:federal_register_of_legislation:C2004A04952:body:0:p5
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bears the number of the subsection of the Principal Act immediately before it, followed by "A".

Valid visa application

13. Section 46 of the Principal Act is amended by inserting in paragraph (1)(d) "48A (protection visa), 91E (CPA and safe third countries)," before "161".

Insertion of sections

14. After section 48 of the Principal Act the following sections are inserted:

Non-citizen refused a protection visa may not make further application for protection visa

"48A.(1) Subject to section 48B, a non-citizen who, while in the migration zone, has made:
    (a) an application for a protection visa, where the grant of the visa has been refused (whether or not the application has been finally determined); or

    (b) applications for protection visas, where the grants of the visas have been refused (whether or not the applications have been finally determined);

may not make a further application for a protection visa while in the migration zone.

"(2) In this section:

'application for a protection visa' includes:

    (a) an application for a visa, or entry permit (within the meaning of this Act as in force immediately before 1 September 1994), a criterion for which is that the applicant is a non-citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol; and

    (b) an application for a decision that a non-citizen is a refugee under the Refugees Convention as amended by the Refugees Protocol; and

    (b) an application covered by paragraph (a) or (b) that is also covered by section 39 of the Migration Reform Act 1992.

Minister may determine that section 48A does not apply to non-citizen

"48B.(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that section 48A does not apply to prevent an application for a protection visa made by the non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day on which the notice is given.

"(2) The power under subsection (1) may only be exercised by the Minister personally.

"(3) If the Minister makes a determination under subsection (1), he or she is to cause to be laid before each House of the Parliament a statement that:

   (a) sets out the determination; and

    (b) sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

"(4) A statement under subsection (3) is not to include:

   (a) the name of the non-citizen; or

   (b) any information that may identify the non-citizen; or

    (c) if the Minister thinks