SZMOV v Minister for Immigration and Border Protection [2018] FCA 66

SZMOV v Minister for Immigration and Border Protection [2018] FCA 66

The appellants' previous protection visa applications were not invalid merely because they used later approved versions of Form 866 rather than the version existing on 20 October 1999. Schedule 1 item 1401 and reg 2.07(1) did not incorporate a fixed version of Form 866; they required the approved Form 866 from time to time. Accordingly, the earlier applications were not nullities, s 48A of the Migration Act 1958 (Cth) barred the third protection visa application, and the primary judge made no error of law.

Jurisdiction
Australia
Judgment Date
13 February 2018
Procedural Posture
Migration Appeal Concerning Protection Visa Applications and S 48 a of the Migration Act 1958 (cth) / Appeal From the Federal Circuit Court of Australia Dismissing the Appellants' Application
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa Application' 'section 48 a Bar on Further Protection Visa Applications' 'validity of Visa Application' 'approved Form Form 866' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa Application' 'section 48 a Bar on Further Protection Visa Applications' 'validity of Visa Application' 'approved Form Form 866' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Appeal Concerning Protection Visa Applications and S 48 a of the Migration Act 1958 (cth) / Appeal From the Federal Circuit Court of Australia Dismissing the Appellants' Application

Legal Issues

  1. 1 ["Whether s 48A of the Migration Act 1958 (Cth) precluded the appellants' third protection visa application." "Whether the appellants' earlier protection visa applications were invalid because they were not made on the version of Form 866 in force when item 1401 of Schedule 1 to the Migration Regulations 1994 (Cth) took effect on 20 October 1999." "Whether the primary judge made an error of law in rejecting the appellants' Form 866 argument."]

Ratio Decidendi

The appellants' previous protection visa applications were not invalid merely because they used later approved versions of Form 866 rather than the version existing on 20 October 1999. Schedule 1 item 1401 and reg 2.07(1) did not incorporate a fixed version of Form 866; they required the approved Form 866 from time to time. Accordingly, the earlier applications were not nullities, s 48A of the Migration Act 1958 (Cth) barred the third protection visa application, and the primary judge made no error of law.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondent's costs."]