1730692 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal concerning their application for a protection visa. The core of the dispute revolved around whether the Tribunal had jurisdiction to hear the applicant's case, given that no reviewable decision had been made at the time the review application was lodged.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's appeal. This question arose because the applicant had lodged their review application prior to the making of a reviewable decision by the Department.

The Member determined that the Tribunal lacked jurisdiction. The reasoning was that an application for review can only be made in relation to a reviewable decision. As no such decision had been made when the applicant lodged their review application, the application was not properly made, and consequently, the Tribunal did not have jurisdiction. The Tribunal therefore concluded it had no jurisdiction in the matter.