1907879 (Refugee)

[2019] AATA 4782

1907879 (Refugee) [2019] AATA 4782 (17 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1907879

MEMBER:Nathan Goetz

DATE:17 July 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 17 July 2019 at 2:46pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – no longer reviewable decision – delegate’s decision previously subject of valid review – Tribunal attempted to contact applicant – no response – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65

CASES
Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration on 31 March 2015 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 2 April 2019.

2. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal in case 1505866. The Tribunal made a decision on that application on 10 October 2016. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

4. The Tribunal wrote to the applicant on 10 April 2019 and advised him of the Tribunal’s view that it had no jurisdiction to hear his application for review. The Tribunal invited the applicant to provide comments about the validity of his application to the Tribunal by 24 April 2019. The Tribunal never received a response from the applicant.

5. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   DECISION

6. The Tribunal does not have jurisdiction in this matter.

   Nathan Goetz
   Member