1721725 (Refugee)

[2017] AATA 1913

1721725 (Refugee) [2017] AATA 1913 (10 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1721725

MEMBER:Nora Lamont

DATE:10 October 2017

PLACE OF DECISION:  Melbourne

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

Statement made on 10 October 2017 at 8:05am

CATCHWORDS
Refugee – Protection visa – Malaysia – Decision already validly reviewed – No longer a reviewable decision

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 [in] October 2016 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 14 September 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 Tribunal on 20 June 2017. 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.

4. An application for review was first lodged on 7 November 2016 and the Tribunal affirmed the decision not to grant a visa on 20 June 2017. On 2 July 2017, and 8 August 2017, two further review applications were received. The Tribunal notified the applicant that the Tribunal did not have jurisdiction as the decision had already been reviewed. This is the fourth application for review which was received at the Tribunal on 14 September 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.

   Nora Lamont
   Member