1809013 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to review the delegate's decision, given that the same decision had previously been reviewed by the Tribunal. The matter came before Member Michael Hawkins of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it retained jurisdiction to review a delegate's decision when that decision had already been the subject of a prior, valid review by the Tribunal.

Member Hawkins 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. Applying this principle, the Tribunal concluded that it no longer had jurisdiction in relation to the delegate's decision that had already undergone a previous review.

Consequently, the Tribunal determined that it did not have jurisdiction in this matter.