2016615 (Refugee)

[2021] AATA 279

2016615 (Refugee) [2021] AATA 279 (1 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2016615

MEMBER:Russell Matheson

DATE:1 February 2021

PLACE OF DECISION:  Sydney

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

Statement made on 01 February 2021 at 1:59pm

CATCHWORDS

REFUGEE – protection visa – Thailand – no Tribunal-reviewable decision – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), s 65

Tribunals Amalgamation Act 2015 (Cth), 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 dependants.

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 3 September 2019 to refuse to grant protection visas under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 13 November 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 29 October 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. 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. A natural justice letter regarding this issue was sent to the applicant on 5 January 2021 inviting the applicant to comment on the validity of the application for review with a response due by 19 January 2021. No response has 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.

   Russell Matheson
   Member