1720313 (Refugee)

Case

[2017] AATA 1976

12 October 2017


Details
AGLC Case Decision Date
1720313 (Refugee) [2017] AATA 1976 [2017] AATA 1976 12 October 2017

CaseChat Overview and Summary

The applicant sought review of a decision concerning a protection visa. This was the fifth occasion on which the applicant had applied for a review of the same decision, following the Tribunal's initial decision on 2 June 2017. Subsequent applications for review were lodged on 6 June 2017, 15 June 2017, and 20 July 2017.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear and determine the applicant's repeated applications for review of the same decision.

The Tribunal determined that it lacked jurisdiction to entertain the present application. It reasoned that on each of the previous occasions the applicant had sought review of the Minister's delegate's decision after the initial Tribunal decision, the Tribunal had explicitly found that it did not have jurisdiction. The Tribunal concluded that the applicant was lodging these applications to obtain bridging visas to remain in Australia, despite knowing that such applications were futile and had no prospect of resulting in the grant of a substantive visa. The Tribunal made no orders as it found it had no jurisdiction.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Abuse of Process

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

SZBWJ v MIAC [2008] FMCA 164
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164