1820508 (Refugee)

[2024] AATA 3453

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__­____«­__€€Í“_­____«{1820508 (Refugee) [2024] AATA 3453 (19 July 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1820508

MEMBER:Paul Noonan

DATE:19 July 2024

PLACE OF DECISION:  Melbourne

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

Statement made on 19 July 2024 at 12:34pm

CATCHWORDS
REFUGEE – Protection Visa – repeat application – non-reviewable decision – no jurisdiction to review a decision twice – 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 Home Affairs on 11 July 2018 to refuse to grant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The review application was lodged with the Tribunal on 14 July 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 on 19 July 2024 at 12:19pm (Tribunal case number 1820510). 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. The Tribunal wrote to the applicant on 16 July 2018 and advised him of this duplicate appeal and requested that he consider withdrawing this duplicate appeal. The applicant has not subsequently withdrawn this appeal.

5. 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

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

   Paul Noonan
   Member