1804367 (Refugee)

Case

[2018] AATA 636

28 February 2018


Details
AGLC Case Decision Date
1804367 (Refugee) [2018] AATA 636 [2018] AATA 636 28 February 2018

CaseChat Overview and Summary

The applicant sought review of a delegate's decision concerning a protection visa. The Refugee Tribunal, constituted by Member Roslyn Smidt, considered whether it had jurisdiction to review the delegate's decision.

The central legal issue before the Tribunal was whether it retained jurisdiction to review a delegate's decision when that decision had already been the subject of a valid review by the Tribunal.

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

Areas of Law

  • Immigration

  • Administrative Law

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