1829636 (Refugee)
Case
•
[2018] AATA 5000
•9 November 2018
Details
AGLC
Case
Decision Date
1829636 (Refugee) [2018] AATA 5000
[2018] AATA 5000
9 November 2018
CaseChat Overview and Summary
The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The respondent was the Minister for Immigration and Border Protection. The dispute concerned the jurisdiction of the Administrative Appeals Tribunal to review the delegate's decision.
The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that the decision had previously been the subject of a valid review by the Tribunal.
The Tribunal reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Therefore, the Tribunal concluded that it no longer had jurisdiction in relation to the delegate's decision. The Tribunal made no orders as it found it lacked jurisdiction.
The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that the decision had previously been the subject of a valid review by the Tribunal.
The Tribunal reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Therefore, the Tribunal concluded that it no longer had jurisdiction in relation to the delegate's decision. The Tribunal made no orders as it found it lacked jurisdiction.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Res Judicata
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Citations
1829636 (Refugee) [2018] AATA 5000
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
SZBWJ v MIAC
[2008] FMCA 164
SZBWJ v MIAC
[2008] FMCA 164
Jayasinghe v MIEA
[1997] FCA 551