2010327 (Refugee)

[2021] AATA 3063

2010327 (Refugee) [2021] AATA 3063 (23 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2010327

MEMBER:Mary Sheargold

DATE:23 June 2021

PLACE OF DECISION:  Melbourne

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

Statement made on 23 June 2021 at 2:05pm

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

LEGISLATION
Migration Act 1958, s 65
Tribunals Amalgamation Act 2015, Schedule 9

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 18 November 2008 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 20 June 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 25 June 2009 (Tribunal case number 0808901). 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 30 June 2020, the Tribunal wrote to the applicant inviting him to comment on the validity of his application.  Specifically, the Tribunal noted that it appeared this application was not valid because an application for review of the same delegate’s decision was previously made to the Tribunal and that the Tribunal had made a decision on that application on 25 June 2009.  The applicant was invited to comment in writing by 14 July 2020.  As at the date of this decision, no comments have been 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.

   Mary Sheargold
   Member