1802840 (Refugee)

Case

[2018] AATA 441

20 February 2018


Details
AGLC Case Decision Date
1802840 (Refugee) [2018] AATA 441 [2018] AATA 441 20 February 2018

CaseChat Overview and Summary

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to review a previous decision made by the Tribunal on 16 January 2018.

The central legal issue was whether the prior AAT decision, which found the Tribunal had no jurisdiction, constituted a "reviewable decision" under the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). Specifically, the Tribunal considered sections 338 and 411 of the Act and regulation 4.02(4) of the Regulations.

The Tribunal reasoned that the previous decision, which determined a lack of jurisdiction, was not a decision that could be reviewed under Parts 5 or 7 of the *Migration Act*. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the current application for review. The Tribunal made no orders as it found it had no jurisdiction in the matter.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

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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