1835329 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister concerning an application for a protection visa. The dispute centred on whether the delegate's decision was a reviewable decision for the purposes of the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether it possessed jurisdiction to review the delegate's decision. This required the AAT to determine if the delegate's decision fell within the scope of reviewable decisions as defined by Parts 5 or 7 of the relevant Act.

The AAT Member, James Silva, reasoned that because the delegate's decision was not a reviewable decision under the specified Parts of the Act, the application for review lodged with the Tribunal was not validly made. Consequently, the Tribunal lacked jurisdiction to hear the matter. The Tribunal therefore concluded it did not have jurisdiction.