1800544 (Refugee)

Case

[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.
Details

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Res Judicata

  • Procedural Fairness

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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