1800544 (Refugee)

[2018] AATA 217

1800544 (Refugee) [2018] AATA 217 (8 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1800544

MEMBER:Bridget Cullen

DATE:8 February 2018

PLACE OF DECISION:  Brisbane

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

Statement made on 08 February 2018 at 12:38pm

CATCHWORDS
Refugee – Protection visa – Malaysia – No jurisdiction – Application for review of same decision previously made – No longer reviewable – No jurisdiction to review decision twice

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2
Tribunals Amalgamation Act 2015, Schedule 9

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] April 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] January 2018. 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 (differently constituted) made a decision on that application on 31 July 2017. 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.This is the case even where the previous application for review was made to the Migration Review Tribunal or Refugee Review Tribunal before 1 July 2015: Item 15AD of Schedule 9 to the Tribunals Amalgamation Act 2015.

4. 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

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

   Bridget Cullen
   Member