1723774 (Refugee)

The Administrative Appeals Tribunal considered an application for review lodged by an applicant concerning a decision related to a protection visa. The applicant had previously applied for a protection visa in April 2016, which was refused by a delegate in June 2016. The applicant sought review of this refusal, and the Tribunal affirmed the delegate's decision on 5 September 2017. Subsequently, the applicant made multiple further applications to the Tribunal to review the same delegate's decision, all of which were found to be outside the Tribunal's jurisdiction. In the current review application, the applicant identified the decision to be reviewed as a Bridging Visa A.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the applicant's protection visa refusal decision for a second time, or any subsequent applications related to it. The Tribunal also considered the applicant's identification of a Bridging Visa A as the decision under review, noting that a Bridging Visa A had been granted in relation to his protection visa application and was valid until shortly after the current review application was lodged.

The Tribunal reasoned that it had no jurisdiction to review a delegate's decision twice, citing established case law including *SZBWJ v MIAC* [2008] FMCA 164, *Jayasinghe v MIEA* (1997) 76 FCR 301, and *SZASP v MIAC* [2007] FCA 771. The Tribunal held that once it has received a valid application for review of a reviewable decision and conducted its review, that decision is no longer reviewable. As the delegate's decision to refuse the protection visa had already been the subject of a valid review by the Tribunal on 5 September 2017, it was no longer a reviewable decision, and therefore the Tribunal lacked jurisdiction to consider it again.