2106685 (Refugee)
Case
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[2021] AATA 3028
•23 June 2021
Details
AGLC
Case
Decision Date
2106685 (Refugee) [2021] AATA 3028
[2021] AATA 3028
23 June 2021
CaseChat Overview and Summary
The applicant sought review of a decision concerning a protection visa. The delegate's decision had previously been reviewed by the Tribunal.
The primary legal issue before the Tribunal was whether it possessed jurisdiction to review a decision that had already undergone a valid review.
The Tribunal reasoned that once a delegate's decision has been the subject of a valid review by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review. Consequently, the Tribunal determined it lacked jurisdiction in the matter.
The Tribunal made no orders as it found it did not have jurisdiction.
The primary legal issue before the Tribunal was whether it possessed jurisdiction to review a decision that had already undergone a valid review.
The Tribunal reasoned that once a delegate's decision has been the subject of a valid review by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review. Consequently, the Tribunal determined it lacked jurisdiction in the matter.
The Tribunal made no orders as it found it did not have jurisdiction.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Res Judicata
Actions
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Citations
2106685 (Refugee) [2021] AATA 3028
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
SZBWJ v MIAC
[2008] FMCA 164
SZASP v MIAC
[2007] FCA 771
SZBWJ v MIAC
[2008] FMCA 164