1820862 (Refugee)

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

The central legal issue before the Tribunal was whether a reviewable decision had been made at the time the applicant lodged their application for review. If no reviewable decision had been made, the Tribunal would lack jurisdiction.

The Tribunal reasoned that an application for review can only be made once a reviewable decision has been made. As no reviewable decision had been made by the relevant decision-maker at the time the applicant lodged their application with the Tribunal, the application was not properly made. Consequently, the Tribunal concluded it did not have jurisdiction to consider the merits of the applicant's case.

The Tribunal ordered that it does not have jurisdiction in this matter.