1804367 (Refugee)

[2018] AATA 636

1804367 (Refugee) [2018] AATA 636 (28 February 2018)

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DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1804367

MEMBER:Roslyn Smidt

DATE:28 February 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 28 February 2018 at 9:39am

CATCHWORDS

Refugee – Protection Visa – Malaysia – Decision has already been the subject of valid review – No jurisdiction to review a delegate’s decision twice

CASES
SZBWJ v MIAC [2008] FMCA 164
Jayasinghe v MIEA (1997) 76 FCR 301

SZASP v MIAC [2007] FCA 771

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

1. The review application was lodged with the Tribunal on 19 February 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. The applicant applied for review a decision made [in] January 2018. The only application the applicant has been refused is a protection visa application which was refused by the delegate [in] March 2017.  The Tribunal first made a decision on that application on 23 June 2017.  The applicant subsequently lodged a further five applications for review. In all these cases the Tribunal found it did not have jurisdiction in relation to the application for review lodged by the applicant. The most recent Tribunal decision was made on 23 January 2018.

3. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

4. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   DECISION

5. The Tribunal does not have jurisdiction in this matter.

   Roslyn Smidt
   Member