1803573 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to review the delegate's decision.

The central legal issue before the AAT was whether the delegate's decision remained a "reviewable decision" at the time the applicant sought review by the Tribunal.

The AAT Member, Rosa Gagliardi, reasoned that the delegate's decision had already been the subject of a valid review by the Tribunal. Consequently, the delegate's decision was no longer a reviewable decision, and the Tribunal lacked jurisdiction to consider the matter further. The AAT applied the principle that once a decision has been validly reviewed, it ceases to be subject to further review by the same body.

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