1835537 (Refugee)

The applicant sought review of a delegate's decision concerning a protection visa for Fiji. The Tribunal, constituted by Member Angela Cranston, was required to determine whether it had jurisdiction to review the delegate's decision.

The central legal issue was whether the Tribunal retained jurisdiction to review a delegate's decision when that same decision had already 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 it cannot review a decision that is no longer extant or capable of review.

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