2108376 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to consider a repeat review application. The matter came before Member Michael Hawkins AM of the AAT.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review a delegate's decision that had already been the subject of a previous, valid review by the Tribunal.

Member Hawkins reasoned that once a delegate's decision has undergone a valid review by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished.

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