1920410 (Refugee)

The applicant sought review of a decision concerning their application for a protection visa. The Tribunal, constituted by Senior Member Kira Raif, was asked to determine whether it had jurisdiction to hear the applicant's appeal.

The central legal issue before the Tribunal was whether a decision that the applicant's primary protection visa application was invalid constituted a "decision" that was reviewable by the Tribunal. This, in turn, determined whether the applicant's subsequent application for review had been validly made.

The Tribunal reasoned that a determination that a primary application is not valid is not itself a refusal to grant the visa, and therefore is not a reviewable decision under the relevant legislation. Consequently, as there was no reviewable decision, the applicant's application for review was not properly made. The Tribunal concluded that it lacked jurisdiction to consider the matter.