1914702 (Refugee)

The applicant sought judicial review of a decision by the Refugee Tribunal concerning their application for a protection visa. The applicant had previously had a primary decision on their protection visa application reviewed by the Tribunal. However, the applicant mistakenly indicated on their review application that the primary decision had not yet been reviewed.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's review application, given that the primary decision had already undergone a valid review. This question turned on the interpretation of the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the finality of decisions that have been reviewed by the Tribunal.

The Tribunal reasoned that once a decision has been the subject of a valid review by the Tribunal, it ceases to be a "reviewable decision" for the purposes of the *Migration Act*. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a further review application in relation to a decision that had already been finally determined by it. The Tribunal noted that no decision had been made on a bridging visa application, but this did not confer jurisdiction over the already reviewed protection visa decision.

The Tribunal concluded that it did not have jurisdiction in this matter.