1825109 (Refugee)

The applicant sought review of a delegate's decision concerning a protection visa. The respondent, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, contended that the Administrative Appeals Tribunal lacked jurisdiction to hear the application.

The primary legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given that a previous, valid review of the same decision by the Tribunal was already pending.

The Tribunal reasoned that once a delegate's decision has been the subject of a valid review by the Tribunal, that delegate's decision is no longer a reviewable decision. Consequently, the Tribunal determined that it no longer had jurisdiction in relation to that specific decision. The Tribunal concluded that it did not have jurisdiction in this matter.