System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Posted by on in General
  • Font size: Larger Smaller
  • Hits: 457
  • 0 Comments

Full Court Speaks On Section 48A Bar Against Renewed Applications for Protection Visas

If you ever deal with or advise on Protection visas, you should be aware of a decision that was handed down by the Full Court yesterday, Minister for Immigration and Border Protection v CTW17 (2019) FCAFC 156 (5 September 2019).

The issue that was addressed in this case involved whether it is possible to make a valid application from onshore for a Protection visa if a previous application has been refused.

Readers may recall that in 2013, an earlier decision of the Full Court in SZGIZ had effectively opened the door for renewed applications made on complementary protection grounds even if a previous application made on "refugee" grounds had been refused.  

In essence, the decision in SZGIZ said that so long as a later application sought to satisfy a different criterion form the criterion that had been the basis for an earlier, refused application, that application was valid.

However, there was an amendment to the Migration Act in 2014 - the Migration Amendment Act (No 1)  which was enacted to respond to and effectively close the exception that was created by SZGIZ.

And this latest decision from the Full Court in CTW17  confirms that the 2014 amendment had exactly the legal effect that was intended: specifically, the amendment does in fact prevent the making of any further Protection visa application once an initial application has been refused, without regard to the nature of the claims made in the applications.

In other words, subsequent applications can no longer be validly made even if they are predicated on entirely different grounds, or criteria, than were the basis of an earlier, refused application.

If you want to read details about this decision, there's a new article on The Migration Messenger which you can access by clicking here.

Last modified on
Rate this blog entry:
2

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest Thursday, 19 September 2019
Joomla SEF URLs by Artio

Immigration blog

Bizcover Banner
ACT Invitation Round
Invitation round number: 18 Details of the C...
Continue Reading...
Ban unregistered immigration agents - my submission to the Minister
In my capacity as the Founder of Migration Allianc...
Continue Reading...
AAT Bulletin 16 September 2019
The AAT Bulletin has been released today. Citizen...
Continue Reading...
Are your clients paying too much for their currency transfers?
A report published by the Australian Competition &...
Continue Reading...
State Migration Summit with Hon Jason Wood MP - Melbourne - 1 Nov 2019
Legal Training Australia is hosting a State Migrat...
Continue Reading...