BAL19 overturned

By
Sergio Zanotti Stagliorio
-

Federal Court (Full Court). Is the power conferred by s 501 to refuse to grant a visa "exercised in the performance of the duty imposed by s 65(1)(b) to refuse to grant the visa for the reason that the grant of the visa is prevented by s 501"? In BAL19, FCA decided that s 501 did not apply to protection visa applications. Was BAL19 wrongly decided? Must the power under s 501A(2) be exercised within a reasonable period of time? If so, was a period of 18 months unreasonable?

The questions to the Full Court of the Federal Court (FCAFC) were as follows:

Question 1: Is the power conferred by s 501 to refuse to grant a visa "exercised in the performance of the duty imposed by s 65(1)(b) to refuse to grant the visa for the reason that the grant of the visa is prevented by s 501"?

Question 2: Was BAL19 wrongly decided?

Question 3: Must the power under s 501A(2) be exercised within a reasonable period of time?

Question 4: If the answer to question 3 is "yes", was there an unreasonable delay in the making of a decision under s 501 after 18 months?

The FCAFC answered those questions as follows:

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