2113176 (Refugee)

The applicant sought judicial review of a decision made by the Minister for Immigration and Border Protection concerning their application for a protection visa. The core of the dispute revolved around the validity of the applicant's application for review of an earlier decision. The matter came before the Federal Circuit and Family Court of Australia.

The court was required to determine whether the applicant's application for review was validly lodged within the prescribed time limits. A further issue was whether the court had jurisdiction to entertain a second application for review when a previous application had already been considered and determined.

The court found that the applicant had been notified of the earlier decision in accordance with the statutory requirements. As the application for review was lodged out of time, the court concluded that it lacked jurisdiction to review the decision. The court affirmed the principle that there is no jurisdiction to review a decision twice, particularly when the initial review application was not validly made.

Consequently, the court dismissed the application for judicial review.