1732083 (Refugee)

[2018] AATA 213

1732083 (Refugee) [2018] AATA 213 (28 January 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1732083

MEMBER:Rosa Gagliardi

DATE:28 January 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 28 January 2018 at 12:25pm

CATCHWORDS
Refugee – Protection visa – Malaysia – No jurisdiction – Invalid application – No response to invitation to comment – Repeat application – Non reviewable decision

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2

CASES
Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration [in] March 2017 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal [in] December 2017. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal. The Tribunal made a decision on that application on 13 December 2017 and on that occasion the Tribunal made a decision to affirm the refusal of the visa.

4. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

5. On 22 December 2017 the Tribunal wrote to the applicant to advise that it appeared that her application was not a valid one as this was her second application to the Tribunal for review of the same decision.  The applicant was invited to provide comment on whether, in these circumstances, she considered that the Tribunal had jurisdiction to review the decision again.  The applicant elected not to provide a response.

6. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Rosa Gagliardi
   Member