1829619 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The dispute concerned whether the Administrative Appeals Tribunal had jurisdiction to consider a repeat application for review after a previous decision had already been reviewed.

The primary legal issue before the Tribunal was whether it retained jurisdiction to review a delegate's decision that had previously 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, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Tribunal applied the principle that a matter that has been finally determined by a competent tribunal cannot be relitigated.

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