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