2105796 (Refugee)

[2021] AATA 5399

2105796 (Refugee) [2021] AATA 5399 (23 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2105796

MEMBER:Rosa Gagliardi

DATE:23 June 2021

PLACE OF DECISION:  Australian Capital Territory

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 23 June 2021 at 10:59am

CATCHWORDS

REFUGEE – protection visa – Thailand – previous application for review made and decided – no reviewable decision – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION

Migration Act 1958 (Cth), s 65

CASES

Jayasinghe v MIEA (1997) 76 FCR 301

SZASP v MIAC [2007] FCA 771

SZBWJ v MIAC [2008] FMCA 164

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration on 14 August 2018 to refuse to grant protection visas under s.65 of the Migration Act 1958 (the Act).

2. The review application was lodged with the Tribunal on 3 May 2021. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal. The Tribunal made a decision on that application on 30 April 2021 (Decision no: 1824611).  Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

4. On 6 May 2021 the Tribunal wrote to the applicants in the interests of natural justice to advise that as it had already carried out its statutory duty in respect of the delegate’s decision dated 14 August 2018, it could not review this same delegate’s decision twice.  The Tribunal also advised that consequently it would not process any further documentation that appears to seek review of the delegate’s decision of 14 August 2018.

5. The applicants were granted until 20 May 2021 to provide comment on the validity of the application.  At the time of writing no response has been received by the Tribunal.

6. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Rosa Gagliardi
   Member