1805151 (Refugee)
Case
•
[2018] AATA 1427
•9 April 2018
Details
AGLC
Case
Decision Date
1805151 (Refugee) [2018] AATA 1427
[2018] AATA 1427
9 April 2018
CaseChat Overview and Summary
The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider the delegate's decision.
The primary legal issue before the Tribunal was whether it had jurisdiction to review a delegate's decision when that same decision had already been the subject of a previous, valid review by the Tribunal.
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. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a second review of the same delegate's decision.
The Tribunal made no orders as it found it had no jurisdiction in the matter.
The primary legal issue before the Tribunal was whether it had jurisdiction to review a delegate's decision when that same decision had already been the subject of a previous, valid review by the Tribunal.
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. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a second review of the same delegate's decision.
The Tribunal made no orders as it found it had no jurisdiction in the matter.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Res Judicata
Actions
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Citations
1805151 (Refugee) [2018] AATA 1427
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