1829636 (Refugee)

[2018] AATA 5000

1829636 (Refugee) [2018] AATA 5000 (9 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1829636

MEMBER:Justin Meyer

DATE:9 November 2018

PLACE OF DECISION:  Melbourne

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

Statement made on 09 November 2018 at 4:29pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – review of same decision – no jurisdiction


LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2


CASES
SZBWJ v MIAC [2008] FMCA 164
Jayasinghe v MIEA (1997) 76 FCR 301

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 Immigration on 16 January 2018 to refuse to grant protection visas 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 16 January 2018. 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 Jayasinghe v MIEA (1997) 76 FCR 301

4. 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

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

   Justin Meyer
   Member