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.
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