1728003 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration and Border Protection. The matter came before the Administrative Appeals Tribunal (AAT) for determination of its jurisdiction.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the applicant's application for review, which was lodged on 13 November 2017. This required the Tribunal to consider the scope of its review powers under the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), and relevant regulations.

The Tribunal determined that its jurisdiction to review decisions under the *Migration Act* is established by specific provisions, including sections 347 and 412 of that Act, and in certain circumstances, section 29 of the *Administrative Appeals Tribunal Act*. The Tribunal noted that sections 338 and 411 of the *Migration Act*, read with regulation 4.02(4) of the *Migration Regulations 1994* (Cth), define the range of decisions amenable to review by the Migration and Refugee Division. These provisions encompass decisions to refuse visas, but crucially, do not extend to decisions already made by the Tribunal itself. As the applicant's application sought to review a decision that was not a reviewable decision within the meaning of these provisions, the Tribunal concluded that the application for review was not properly made.

Consequently, the Tribunal found that it lacked jurisdiction to hear the matter.