2209463 (Refugee)

The applicant sought review of a delegate decision concerning a protection visa application. The Administrative Appeals Tribunal (AAT) had previously determined that it lacked jurisdiction to review the delegate's decision. The applicant subsequently made a repeat application to the Tribunal for review of the same delegate decision.

The central legal issue before the Tribunal was whether it possessed jurisdiction to entertain the applicant's repeat application for review of the delegate decision, given its prior determination on the same matter.

Member Nathan Goetz reasoned that the applicant's recourse, if disagreeing with the Tribunal's prior jurisdictional finding, was not to make repeated applications for review of the delegate decision. Instead, the appropriate legal avenue was to initiate judicial review proceedings in the Federal Circuit and Family Court of Australia concerning the AAT's previous decision in case number 1929292. The Tribunal concluded that it did not have jurisdiction to hear the current application.

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