1800544 (Refugee)
Case
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[2018] AATA 217
•8 February 2018
Details
AGLC
Case
Decision Date
1800544 (Refugee) [2018] AATA 217
[2018] AATA 217
8 February 2018
CaseChat Overview and Summary
The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa. The Administrative Appeals Tribunal was asked to consider the delegate's decision.
The primary legal issue before the Tribunal was whether it had jurisdiction to review a decision that had already been the subject of a previous, valid review by the Tribunal.
The Tribunal reasoned that once a decision has been validly reviewed, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Tribunal applied the principle that a decision cannot be reviewed twice.
The Tribunal made no orders as it found it lacked jurisdiction in the matter.
The primary legal issue before the Tribunal was whether it had jurisdiction to review a decision that had already been the subject of a previous, valid review by the Tribunal.
The Tribunal reasoned that once a decision has been validly reviewed, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Tribunal applied the principle that a decision cannot be reviewed twice.
The Tribunal made no orders as it found it lacked jurisdiction in the matter.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Immigration
Legal Concepts
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Jurisdiction
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Judicial Review
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Res Judicata
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Procedural Fairness
Actions
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Citations
1800544 (Refugee) [2018] AATA 217
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
SZBWJ v MIAC
[2008] FMCA 164
SZASP v MIAC
[2007] FCA 771
SZBWJ v MIAC
[2008] FMCA 164