2120219 (Refugee)

The applicant sought judicial review of a decision made by the Refugee Tribunal. The applicant had previously applied for a protection visa, and the delegate's decision on that application had already been reviewed by the Tribunal. The current application concerned a subsequent attempt to have the same delegate's decision reviewed.

The central legal issue before the Court was whether the Refugee Tribunal had jurisdiction to review a delegate's decision that had already been the subject of a previous, valid review by the Tribunal.

The Court reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of the relevant legislation. Consequently, the Tribunal loses jurisdiction to entertain any further review of that same decision. The Member concluded that the Tribunal did not have jurisdiction in the present matter.