2018415 (Refugee)

The applicant sought review of a decision by the Minister's delegate concerning a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to review the delegate's decision.

The central legal issue before the AAT was whether the delegate's decision was a "Tribunal-reviewable decision" within the meaning of the relevant legislation, given that it had previously been the subject of a valid review by the Tribunal.

The AAT Member, David McCulloch, reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses jurisdiction in relation to that specific decision. The Member found that the delegate's decision in this instance had already undergone a valid review by the Tribunal.

Accordingly, the Tribunal determined that it did not have jurisdiction to hear the application.