FEL17 v. Minister for Immigration, Citizenship and Multicultural Affairs

Lower Court Judgment

12/09/2023 Federal Court of Australia (Snaden, Abraham and Halley JJ))

[2023] FCAFC 153

Catchwords

Immigration – protection visas – invalid application – where appellant applied for protection visa and was refused by delegate – where AAT affirmed delegate’s decision – where Assistant Minister for Immigration and Border Protection exercised power under s 417(1) Migration Act 1958 (Cth) to substitute “another decision” for Tribunal’s decision and granted appellate a three month visitor visa with no further stay condition – where appellate subsequently made second application for protection visa – where delegate found application invalid under s 48A – whether majority of Full Federal Court erred in finding application invalid and barred by s 48A.