1808829 (Refugee)

[2018] AATA 1434

1808829 (Refugee) [2018] AATA 1434 (20 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1808829

MEMBER:Nora Lamont

DATE:20 April 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 20 April 2018 at 8:17am

CATCHWORDS

Refugee – Protection Visa – Malaysia – Delegate’s decision already validly reviewed – No longer a reviewable decision – No Jurisdiction

LEGISLATION
Migration Act 1958, s 65

CASES
Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164

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 on 31 March 2017 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 29 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 on 20 April 2017. The Tribunal made a decision to affirm the delegate’s decision on 22 September 2017. The applicant subsequently lodged three further applications for review of the same decision on 29 October 2017, 21 December 2017, and 31 January 2018 that resulted in findings of no jurisdiction because the decision had already been reviewed. This is the applicant’s fifth application for review of the same decision.  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. 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.

4. 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

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

   Nora Lamont
   Member