1802819 (Refugee)

[2018] AATA 438

1802819 (Refugee) [2018] AATA 438 (23 February 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1802819

MEMBER:Jason Pennell

DATE:23 February 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 23 February 2018 at 3.37pm

CATCHWORDS
Refugee – Protection visa – Malaysia – Decision previously reviewed – Non-reviewable decision

LEGISLATION
Migration Act 1958, s 65

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] September 2016 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 on 4 February 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 made a decision on that application 28 September 2017 (case No1616068). 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.[1] The Tribunal has no jurisdiction to review a delegate’s decision twice.[2]

   [1] SZBWJ v MIAC [2008] FMCA 164 at [41]

   [2] Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771

4. By a letter dated 7 February 2018 the Tribunal advised the applicant that the application for review was not valid as it was seeking a review of a decision that has previously been decided upon by the Tribunal. It noted that in addition to the applicant’s initial application for review he had made further applications to review the same decision on 15 October 2017 (case No 1725092) and 14 December 2017 (case No 1731608). The Tribunal invited the applicant to comment in writing on whether a valid application had been made by 21 February 2018. No correspondence has been received by the Tribunal in response its letter.

5. 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

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

   Jason Pennell

   
   

   Member