Catchwords:

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”.