MIGRATION - appellant applied in 2009 for a protection (Class XA) visa - after Refugee Review Tribunal refused application and s 36(2)(aa) added to Migration Act 1958 (Cth) applicant alleged that his original protection (Class XA) visa application was invalid because it did not make any claim under Refugees Convention and in 2014 made new application for protection (Class XA) visa - delegate refused to accept new application pursuant to s 48A of Migration Act 1958 (Cth) - whether cl 866.211(a) of Sch 2 to the Migration Regulations 1994 (Cth) required specific claims be made under the Refugees Convention to satisfy the criterion for making a valid application
Held: cl 866.211(a) did not require specific Convention ground to be identified in making an application for a protection visa - sufficient that a substantial and articulate argument based on established facts is made in Form 866C
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