1903864 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa. The dispute concerned whether the Administrative Appeals Tribunal had jurisdiction to consider a repeat application for review after a prior decision had already been reviewed.

The primary legal issue before the Tribunal was whether it retained jurisdiction to review a delegate's decision that had previously been the subject of a valid review by the Tribunal.

The Tribunal reasoned that once a delegate's decision has undergone a valid review 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 can only review decisions that are currently reviewable, and a previously reviewed decision falls outside this scope.

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