1805108 (Refugee)
Case
•
[2018] AATA 711
•12 March 2018
Details
AGLC
Case
Decision Date
1805108 (Refugee) [2018] AATA 711
[2018] AATA 711
12 March 2018
CaseChat Overview and Summary
The applicant sought review of a delegate's decision concerning a protection visa application. The matter came before the Administrative Appeals Tribunal.
The primary legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given that the decision had already been the subject of a prior review.
The Tribunal reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Consequently, the Tribunal found it had no jurisdiction to entertain the current application.
The Tribunal ordered that it did not have jurisdiction in this matter.
The primary legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given that the decision had already been the subject of a prior review.
The Tribunal reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Consequently, the Tribunal found it had no jurisdiction to entertain the current application.
The Tribunal ordered that it did not have jurisdiction in this matter.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
-
Immigration
Legal Concepts
-
Jurisdiction
-
Judicial Review
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
1805108 (Refugee) [2018] AATA 711
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