1818382 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister for Immigration and Border Protection concerning a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to review the delegate's decision.

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

The Tribunal reasoned that once a delegate's decision has been validly reviewed by the Tribunal, that decision is no longer a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision ceases to exist. The Tribunal applied the principle that it can only review decisions that are currently open for review.

Accordingly, the Tribunal concluded that it did not have jurisdiction in this matter.