2113951 (Refugee)

The Administrative Appeals Tribunal (AAT) considered a protection visa application made by a citizen of China. The applicant sought review of a decision made by a delegate of the Minister.

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

The Tribunal reasoned that once a delegate's decision has undergone a valid review by the AAT, it ceases to be a "reviewable decision" for the purposes of further appeals to the Tribunal. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a second review of the same decision.

The Tribunal made no orders as it found it had no jurisdiction in the matter.