Section 46A: procedural fairness & remedies

Federal Court (Full Court): We recently summarised a FCAFC decision which held that: the Minister had made a personal procedural decision to consider the exercise of his powers under s 46A; the exercise of the revocation power in s 46A(2C) was subject to procedural fairness. Now, the FCAFC delivered a further judgement, with remedies that gave effect to that decision. Both decisions could positively affect other unauthorised maritime arrivals who missed the deadline of 1 October 2017 for making a protection visa application.

A few weeks ago, the Full Court of the Federal Court (FCAFC) made a decision whose summary can be found by clicking here.

Following that decision, the FCAFC delivered a further judgement on the same matter, with remedies giving effect to that decision.

Understanding the initial decision is crucial to assisting other unauthorised maritime arrivals that missed the deadline of 1 October 2017 for making a protection visa application. It is equally important to understand the remedies given by the FCAFC, which are as follows:

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