2018470 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister regarding a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the review.

The central legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given that a previous application for review concerning the same decision had already been heard and decided by the Tribunal. The Tribunal also considered whether the applicant's failure to respond to an invitation to comment on the delegate's decision impacted its jurisdiction.

The Tribunal reasoned that once a decision has been the subject of a valid review by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal no longer possesses jurisdiction in relation to that specific decision. The Tribunal found that it did not have jurisdiction in this matter.