1802838 (Refugee)

Case

[2018] AATA 519

19 February 2018


Details
AGLC Case Decision Date
1802838 (Refugee) [2018] AATA 519 [2018] AATA 519 19 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 (AAT) was asked to determine whether it had jurisdiction to review the delegate's decision.

The central legal issue before the Tribunal was whether it possessed the authority to conduct a second review of a decision that had already been the subject of a prior, valid review by the Tribunal.

The Tribunal reasoned that once a decision has undergone a valid review by the AAT, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Consequently, the Tribunal concluded that it lacked jurisdiction to entertain a second review of the same decision. The Tribunal therefore determined that it did not have jurisdiction in this matter.
Details

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Res Judicata

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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