2006527 (Refugee)

[2020] AATA 2669

2006527 (Refugee) [2020] AATA 2669 (22 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2006527

MEMBER:Christopher Smolicz

DATE:22 June 2020

PLACE OF DECISION:  Adelaide

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

Statement made on 22 June 2020 at 3:36pm

CATCHWORDS
REFUGEE – protection visa – Malaysia – departmental decision has already been the subject of valid review – tribunal cannot review same decision twice – no jurisdiction

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2

CASES

SZBWJ v MIAC [2008] FMCA 164

Jayasinghe v MIEA (1997) 76 FCR 301

SZASP v MIAC [2007] FCA 771

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 Immigration on 4 April 2018 to refuse to grant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 1 April 2020. 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.[1] The Tribunal made a decision on that application on 2 June 2020.  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.

   [1] AAT MRD case reference no. 1822159

4. 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

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

   Christopher Smolicz
   Member