1802835 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to review the delegate's decision. The matter came before Member James Silva of the AAT.

The primary legal issue before the Tribunal was whether the delegate's decision was a "reviewable decision" within the meaning of the relevant legislation, given that it had previously been the subject of a valid review by the Tribunal.

Member Silva reasoned that once a decision has been the subject of a valid review by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses jurisdiction in relation to that specific decision. The Tribunal therefore concluded that it did not have jurisdiction to hear the current application.

The Tribunal ordered that it did not have jurisdiction in this matter.