This High Court of Australia judgment addresses whether a second application for a protection visa was valid after the Minister for Immigration substituted a previous refusal with a visitor visa. The court examined the meaning of "refused" in the context of s 48A of the Migration Act and the effect of the Minister's substitution power under s 417. The central legal question was whether the Minister's act of providing a more favorable visa effectively nullified the initial refusal for the purposes of the statutory bar on subsequent protection visa applications. Ultimately, the court found that the initial refusal remained a historical fact, and the substitution did not set aside the Tribunal's affirmation of that refusal, thus the second application was invalid. The appeal was therefore dismissed.