Federal Court. Does a Class BF Transitional (Permanent) Visa satisfy the definition of a “protection visa” in s 48A(2) of the Migration Act 1958 (Cth)? Was BAL19, which held that s 501(1) did not apply to protection visas, wrongly decided?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Does a Class BF Transitional (Permanent) Visa satisfy the definition of a “protection visa” in s 48A(2)?
Question 2: Was BAL19, which held that s 501(1) did not apply to protection visas, wrongly decided?
The FCA answered those questions as follows:
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