Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v CTW17 [2019] FCAFC 156 Appeal from: CTU17 v Minister for Immigration and CTV 17 v Minister for Immigration and CTW17 v Minister for Immigration [2019] FCCA 449
File numbers: NSD 444 of 2019 NSD 445 of 2019 NSD 446 of 2019
Judges: ROBERTSON, FARRELL AND WIGNEY JJ
Date of judgment: 5 September 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether primary judge erred in construing s 48A of the Migration Act 1958 (Cth) – whether, in circumstances where an application for a protection visa had been made on behalf of the respondents in 2010 and had been refused, s 48A(1AA) of the Migration Act prevented the making in 2017 of a further application for a protection visa on behalf of the respondents which relied upon the complementary protection criterion in s 36(2)(aa) – Held: appeal allowed
Legislation: Migration Act 1958 (Cth) ss 35A, 36, 48A Migration Amendment Act 2014 (Cth) Migration Legislation Amendment Act (No 1) 2014 (Cth) Migration Amendment (Complementary Protection) Act 2011 (Cth)
Cases cited: Minister for Immigration and Border Protection v Kim [2014] FCAFC 47; 221 FCR 523 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235
Date of hearing: 30 August 2019
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