1837734 (Refugee)

The applicant sought review of a delegate's decision concerning a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to review the delegate's decision, given that the decision had previously been reviewed by the Tribunal.

The central legal issue before the AAT was whether it retained jurisdiction to review a delegate's decision that had already been the subject of a prior, valid review by the Tribunal.

The AAT, constituted by Garry Fitzgerald SC, reasoned that once a delegate's decision has undergone a valid review by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a second review of the same decision. The Tribunal made no orders as it found it had no jurisdiction.