1811229 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa. The Administrative Appeals Tribunal (AAT) was presented with documentation that appeared to seek a review of a decision previously considered by the Tribunal.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review a decision that had already been the subject of a prior review by the same delegate. The Tribunal was required to determine if it could entertain a second review application concerning the same delegate's decision.

The Tribunal reasoned that it is statutorily precluded from reviewing the same delegate's decision twice. Consequently, it held that it lacked jurisdiction to consider the purported further application for review. The Tribunal emphasised that any future documentation seeking to review the same delegate's decision would not be treated as a new application, nor would it be allocated a new case number or be subject to further jurisdictional consideration.

The Tribunal concluded that it did not have jurisdiction in this matter and would advise the applicant that the case could not be considered further.