1934052 (Refugee)

[2023] AATA 1562

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__­____«­__€€Í“_­____«{1934052 (Refugee) [2023] AATA 1562 (27 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1934052

MEMBER:Brendan Darcy

DATE:27 March 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 27 March 2023 at 10:11am

CATCHWORDS
REFUGEE – Protection Visa – out of time –repeat application – non-reviewable decision – no jurisdiction to review a decision twice – no jurisdiction   

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, r 4.31

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 Home Affairs on 22 October 2019 to refuse to grant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The review application was lodged with the Tribunal on 2 December 2019. 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. The Tribunal made a decision on that application numbered 1929994 on 26 March 2023. 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 applicant did not withdraw this review application.

5. The Tribunal also notes this review application was lodged on 2 December 2019 which was substantially outside the prescribed timeframe for a valid application pursuant to r 4.31(2) of the Migration Regulations 1994.  The last date on which the applicant for the lodging a valid application for review was 18 November 2019.

6. 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

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

   Brendan Darcy
   Member