2110531 (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 consider the applicant's case.

The primary legal issue before the AAT was whether it possessed jurisdiction to review the delegate's decision. This question arose because the delegate's decision had previously been the subject of a review by the Tribunal.

The AAT Member, Justine Clarke, reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses its jurisdiction in relation to that specific decision. The Member applied the principle that a decision cannot be reviewed twice by the same body.

Accordingly, the Tribunal determined that it did not have jurisdiction in this matter.