1721725 (Refugee)

Case

[2017] AATA 1913

10 October 2017


Details
AGLC Case Decision Date
1721725 (Refugee) [2017] AATA 1913 [2017] AATA 1913 10 October 2017

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered a matter concerning a protection visa application. The applicant sought review of a decision made by a delegate of the Minister.

The central legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given that the decision had already been the subject of a prior, valid review by the Tribunal.

The Tribunal, constituted by Member Nora Lamont, reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review. Consequently, the Tribunal concluded that it no longer had jurisdiction in relation to the delegate's decision. The Tribunal therefore made no order on the merits of the protection visa application itself, as the jurisdictional hurdle could not be overcome.
Details

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Jurisdiction

  • Judicial Review

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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