1934136 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa. The delegate of the Minister for Immigration and Border Protection had previously made a decision regarding the applicant's claim. The applicant subsequently sought a review of this decision by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision. This question arose because the delegate's decision had already been the subject of a valid review by the Tribunal.

The Tribunal reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. Therefore, the Tribunal concluded that it did not have jurisdiction to hear the current application for review.

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