2109245 (Refugee)

The applicant, who appeared to be a national of two countries, sought review of a decision made by a delegate concerning a protection visa (XA866). The Administrative Appeals Tribunal was asked to determine whether it had jurisdiction to hear the application for review.

The central legal issue before the Tribunal was whether the delegate's decision was reviewable under the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to consider if the decision fell within the scope of Parts 5 or 7 of the Act, which govern reviewable decisions.

The Tribunal reasoned that as the delegate's decision was not reviewable under Parts 5 or 7 of the Act, the application for review had not been properly made. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.