1732083 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister regarding a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to consider the applicant's case.

The central legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given that the delegate's decision had previously been the subject of a valid review by the Tribunal.

The Tribunal reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Tribunal noted that the applicant had not responded to an invitation to comment, and that this was a repeat application, but these factors were secondary to the primary jurisdictional issue.

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