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.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Res Judicata

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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