1806842 (Refugee)

[2018] AATA 897

1806842 (Refugee) [2018] AATA 897 (5 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1806842

MEMBER:Brendan Darcy

DATE:5 April 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 05 April 2018 at 10:14am

CATCHWORDS
Refugee – Protection Visa – Malaysia – Decision previously reviewed – Tribunal has no jurisdiction to review decision multiple times

LEGISLATION
Migration Act 1958, ss 65, 414

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

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration [in] March 2018 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 14 March 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal. The Tribunal made a decision on that application [in] March 2018 (case [number]). 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.

4. 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.

5. On 16 March 2016, the Tribunal wrote to the review applicant by email inviting him to make comments on whether a valid application had been made and to do so, in writing, by 3 April 2018, outlining to the applicant that the Tribunal had earlier carried out its statutory duty to review the delegate’s refusal decision under s.414 of the Act.

6. However no responses to this invitation to comment or further submissions from the applicant or on the applicant’s behalf were received by the Tribunal.

7. 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

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

   Brendan Darcy
   Member