2100477 (Refugee)

The applicant sought judicial review of a decision made by the Refugee Tribunal. The core of the dispute concerned whether the Tribunal had jurisdiction to review a decision of a delegate, given that the delegate's decision had previously been the subject of a valid review by the Tribunal.

The primary legal issue before the court was whether the Refugee Tribunal retained jurisdiction to conduct a further review of a delegate's decision when that decision had already undergone a prior, valid review by the Tribunal. This question turned on the interpretation of the relevant legislative provisions governing the Tribunal's review powers.

The Member reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Member concluded that the Tribunal did not have jurisdiction in the present matter.