1718326 (Refugee)

[2017] AATA 1800

1718326 (Refugee) [2017] AATA 1800 (13 September 2017)

CORRIGENDUM

DIVISION:Migration & Refugee Division

CASE NUMBER:  1718326

COUNTRY OF REFERENCE:                  China

MEMBER:Tania Flood

DATE OF DECISION:  13 September 2017

DATE CORRIGENDUM

SIGNED:11 October 2017

PLACE OF DECISION:  Sydney

AMENDMENT:  The following corrections are made to the decision:

In error:

Country of reference not shown on cover page of decision record.

Should read:

COUNTRY OF REFERENCE: China

Tania Flood
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1718326

MEMBER:Tania Flood

DATE:13 September 2017

PLACE OF DECISION:  Sydney

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 13 September 2017 at 3:43pm

CATCHWORDS
Refugee – Protection Visa – China – No Jurisdiction – Repeat application  

LEGISLATION
Migration Act 1958, s 65
Tribunals Amalgamation Act 2015, Schedule 9, Item 15AD

CASES
SZBWJ v MIAC [2008] FMCA 164
Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration [in] March 2011 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 17 August 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Refugee Review Tribunal (RRT). The RRT made a decision on that application on 10 June 2011. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771. This is the case even where the previous application for review was made to the Migration Review Tribunal or Refugee Review Tribunal before 1 July 2015: Item 15AD of Schedule 9 to the Tribunals Amalgamation Act 2015.

4. On 24 August 2017 the Tribunal wrote to the applicant advising him that his application appears not to be valid as it appears that he is seeking to review a decision that has already been reviewed.  The Tribunal invited the applicant to make any comments on whether a valid application has been made in writing by 7 September 2017.  On 4 September 2017 the applicant emailed the Tribunal requesting assistance with an FOI request.  He provided no response to the matters raised in the Tribunal’s letter of 24 August 2017.

5. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   DECISION

6. The Tribunal does not have jurisdiction in this matter.

   Tania Flood
   Member