1912532 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning a protection visa. The respondent was the Department of Home Affairs. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application. This question turned on whether a reviewable decision had been made at the time the application for review was lodged.

The Tribunal reasoned that for it to have jurisdiction, there must have been a reviewable decision in existence at the time the application for review was filed. As no such decision had been made, the application for review was not properly made. Consequently, the Tribunal lacked jurisdiction to consider the merits of the applicant's case.

The Tribunal ordered that it does not have jurisdiction in this matter.