2106078 (Refugee)

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

The central legal issue before the AAT was whether the delegate's decision was a "reviewable decision" within the meaning of the relevant legislation, given that it had previously been the subject of a valid review by the Tribunal.

The AAT Member, Brendan Darcy, reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses jurisdiction in relation to that specific decision. As the delegate's decision in this instance had already undergone a valid review, the Tribunal concluded it lacked jurisdiction to conduct a further review. The Tribunal therefore dismissed the application for review.