2120183 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The Administrative Appeals Tribunal (Cth) was asked to determine whether it had jurisdiction to review this decision.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that a previous application for review concerning the same decision had already been finalised.

The Tribunal reasoned that once a decision has been the subject of a valid review by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. As the delegate's decision had already undergone a prior review, the Tribunal concluded it lacked jurisdiction.

The Tribunal ordered that it does not have jurisdiction in this matter.