VNPC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The Administrative Appeals Tribunal considered the application of VNPC for a protection visa, which had been refused by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on 3 January 2020. The Tribunal was tasked with reviewing this refusal.

The central legal issue before the Tribunal was the validity of a decision to refuse a protection visa under section 501(1) of the relevant legislation, in light of the Federal Court's decision in *BAL19 v Minister for Home Affairs*.

The Tribunal reasoned that the decision in *BAL19* established that a refusal of a protection visa under section 501(1) is not valid. Consequently, the Tribunal determined that there was no value in conducting a full hearing to review the application. Applying section 43(1) of the *Administrative Appeals Tribunal Act 1975* (Cth), the Tribunal set aside the delegate's decision. The matter was remitted for reconsideration with a direction that the Applicant's application for a protection visa be determined according to law.