2100594 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to review the delegate's decision, given that a previous application for review of the same decision had already been completed. The decision was made by Member Steven Griffiths of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision when that decision had previously been the subject of a completed review. This question turned on the interpretation of the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth) concerning the finality of reviewable decisions.

Member Griffiths reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further applications for review. The Tribunal's jurisdiction is limited to reviewing decisions that are currently reviewable. As the delegate's decision had already undergone a completed review, it was no longer a reviewable decision, and therefore the Tribunal lacked jurisdiction to entertain a subsequent application for review in relation to that same decision.

Consequently, the Tribunal ordered that it did not have jurisdiction in this matter.