FEL17 v Minister for Immigration and Multicultural Affairs

Immigration – Protection visas – Invalid application – Where appellant applied for protection visa and was refused by delegate of Minister – Where Administrative Appeals Tribunal affirmed delegate's decision – Where Assistant Minister exercised power under s 417(1) of Migration Act 1958 (Cth) to substitute more "favourable" decision and granted appellant three-month visitor visa with no further stay condition – Where appellant made second application for protection visa – Where delegate found second application invalid under s 48A – Whether majority of Full Court of Federal Court of Australia erred in finding second application invalid and barred by s 48A – Whether act of refusal in s 48A is reference to historical fact of refusal, or reference to act of refusal which remains legally valid – Whether exercise of substitution power under s 417(1) had effect of setting aside original refusal decision.

Words and phrases – "barred", "continuing legal effect", "continuing legal operation", "decision", "extinguished", "fast track reviewable decision", "finally determined", "grant", "historical fact", "legal effect", "migration zone", "more favourable", "non-citizen", "power to set aside", "power to substitute", "protection visa", "public interest", "refuse", "reviewable decision", "set aside", "substitute", "vary", "Visitor (Subclass 600) visa".

Migration Act 1958 (Cth) – ss 5, 48, 48A, 48B, 64U, 65, 119, 121, 137, 166BC, 166BE, 351, 411, 415, 417, 501A, 501J.

Migration Legislation Amendment Act 1989 (Cth) – s 26.

Migration Reform Act 1992 (Cth) – ss 23, 32.

Migration Legislation Amendment Act 1994 (Cth) – s 83.

Migration Legislation Amendment Act (No 6) 1995 (Cth).