Recent Cases

FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153 (12 September 2023) (Snaden, Abraham and Halley JJ)


Catchwords:


MIGRATION – whether the primary judge erred in finding that the appellant had been “refused” a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) – where the Administrative Appeals Tribunal’s affirmation of that refusal had been substituted by the Assistant Minister granting the appellant a different visa under s 417 of the Migration Act 1958 (Cth)

HELD – appeal dismissed