2016615 (Refugee)

The applicant sought judicial review of a decision made by the Refugee Tribunal concerning their application for a protection visa. The applicant had previously applied for a protection visa, and the delegate's decision on that application had been reviewed by the Tribunal. The current proceedings concerned a subsequent application or a related matter where the applicant contended that the delegate's original decision was still subject to review.

The central legal issue before the court was whether the Refugee Tribunal retained jurisdiction to review the delegate's decision, given that the decision had already been the subject of a valid review by the Tribunal. This required the court to consider the effect of a prior Tribunal review on the reviewability of the delegate's decision.

The court reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" in the context of further Tribunal jurisdiction. Therefore, the Tribunal no longer possesses jurisdiction to entertain a further review of that same decision. The court concluded that it lacked jurisdiction in the matter.