2100411 (Refugee)

The applicant sought review of a decision made by the Minister's delegate concerning a protection visa application. The Administrative Appeals Tribunal (AAT) had previously heard and finalised a review of the delegate's decision. The current matter before the AAT concerned a subsequent invitation to comment issued by the Tribunal, to which the applicant did not respond.

The primary legal issue before the AAT was whether it possessed jurisdiction to review the delegate's decision, given that it had already been the subject of a prior, finalised review. The Tribunal was required to determine if the delegate's decision remained a "reviewable decision" in light of the previous proceedings.

The Tribunal reasoned that once a decision has been validly reviewed by the AAT, it ceases to be a reviewable decision for the purposes of further review by the Tribunal. Consequently, the Tribunal determined that it lacked jurisdiction in the present matter because the delegate's decision was no longer capable of being reviewed. The Tribunal made no orders as it found it had no jurisdiction to proceed.