1720871 (Refugee)

[2017] AATA 1790

1720871 (Refugee) [2017] AATA 1790 (12 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1720871

MEMBER:Tigiilagi Eteuati

DATE:12 October 2017

PLACE OF DECISION:  Brisbane

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

Statement made on 12 October 2017 at 6:11pm

CATCHWORDS

Refugee – Protection visa – Malaysia – Review sought for subclass 010 Bridging Visa A – No reviewable decision for bridging visa

LEGISLATION

Migration Act 1958, s 65

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 on 8 March 2017 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 [in] September 2017. The Tribunal notes that the review application was lodged online using Form ‘eR1’. The form indicates review is sought of a Subclass 010 Bridging Visa A refusal decision of [August] 2017, and cites Departmental file [number]. The Tribunal has confirmed that this file number relates to the delegate’s decision to refuse to grant the applicant a protection visa [in] March 2017 and that no relevant Bridging Visa A refusal decision has been made. The Tribunal therefore finds that the applicant has intended to seek review of the protection visa refusal decision dated [March] 2017 and has proceeded accordingly.

3. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

4. The applicant, who is a citizen of Malaysia, previously sought review in the Tribunal of the delegate’s decision to refuse the grant of the protection visa. On 29 August 2017 the Tribunal (differently constituted) affirmed that decision under review. The present application for review is an application for review of the same delegate’s decision which has already been reviewed by the Tribunal.

5. 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.

6. 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

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

   Tigiilagi Eteuati
   Member