1829619 (Refugee)

[2020] AATA 1324

1829619 (Refugee) [2020] AATA 1324 (30 April 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  1829619

MEMBER:  Anne Grant

DATE:  30 April 2020

PLACE OF DECISION:  Melbourne

DECISION:  The Tribunal does not have jurisdiction in this

matter.

Statement made on 30 April 2020 at 1:56pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – repeat application – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 36, 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.

In accordance with s.431 of the Migration Act 1958, the Tribunal will not publish any statement which may identify the applicant or any relative or dependant of the applicant.

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 Immigration on 20 September 2018 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 10 October 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 30 April 2020 prior to making this decision. 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 applicant was notified on 12 October 2018 that it appeared he had lodged a repeat application and that this second application would not be progressed until the first matter (review number 1829615) had been determined by the Tribunal.

5. In fact, movement records disclosed that the applicant had also left Australia after lodging both reviews. In the earlier review of the same delegate’s decision, the decision to refuse the applicant a protection visa has been refused because he is not in Australia and cannot be granted a protection visa, pursuant to s.36(2) of the Act.

6. Therefore, 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

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

   Anne Grant
   Member

Case Number 1829619  Page 2 of 2