2120115 (Refugee)

The applicant sought review of a decision by the Minister's delegate regarding a protection visa application. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to review the delegate's decision.

The central legal issue before the AAT was whether the delegate's decision was a "Tribunal-reviewable decision" within the meaning of the relevant legislation, given that it had previously been the subject of a valid review by the Tribunal.

The AAT reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses jurisdiction in relation to that specific decision. As the delegate's decision in this instance had already undergone a prior review by the Tribunal, it was no longer capable of further review.

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