1729575 (Refugee)

The applicant sought a review of a delegate's decision concerning protection. The respondent was the Minister for Immigration and Border Protection. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to review the delegate's decision.

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

The AAT reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of the relevant legislation. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The AAT applied the principle that a matter, once finally determined by a competent tribunal, cannot be relitigated.

The Tribunal concluded that it did not have jurisdiction in the matter.