2106526 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to review the delegate's decision.

The central legal issue before the Tribunal 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 Tribunal 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 matter had already been reviewed, it was no longer open to further review by the Tribunal.

The Tribunal concluded that it did not have jurisdiction in this matter.