2008397 (Refugee)

[2020] AATA 6038

2008397 (Refugee) [2020] AATA 6038 (3 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2008397

MEMBER:Catherine Carney-Orsborn

DATE:3 August 2020

PLACE OF DECISION:  Sydney

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

Statement made on 03 August 2020 at 11:36am

CATCHWORDS
REFUGEE – protection – India – previous application for review validly finalised – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65
Tribunals Amalgamation Act 2015 (Cth), Schedule 9, Item 15AD

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 Immigration on 28 November 2013 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 18 May 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. The Tribunal made a decision on that application on 3 July 2014. 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. This is the case even where the previous application for review was made to the Migration Review Tribunal or Refugee Review Tribunal before 1 July 2015: Item 15AD of Schedule 9 to the Tribunals Amalgamation Act 2015.

4. On 1 June 2020 the Tribunal sent a natural justice letter to the applicant inviting him to comment on the above.  No response was received.

5. 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

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

   Catherine Carney-Orsborn
   Member