1803300 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Refugee Review Tribunal. The dispute concerned whether the Tribunal had jurisdiction to review a decision that had not yet been made.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's claim for a protection visa when no substantive decision had been made by the relevant authority. This required the Tribunal to determine the threshold for its own jurisdiction in relation to applications for review.

The Tribunal, constituted by Member Linda Symons, reasoned that its jurisdiction is contingent upon the existence of a reviewable decision. As no such decision had been made by the relevant date, the application for review was deemed not to have been properly made. Consequently, the Tribunal lacked the necessary jurisdiction to proceed with the review.

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