2209877 (Refugee)

[2022] AATA 4357

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__­____«­__€€Í“_­____«{2209877 (Refugee) [2022] AATA 4357 (19 October 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2209877

MEMBER:Justine Clarke

DATE:19 October 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 19 October 2022 at 5:27pm

CATCHWORDS
REFUGEE – protection visa – Thailand – previous application for review finalised with decision of no jurisdiction – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

statement of decision and reasons

application for review

1. On 7 July 2022, the applicant lodged an application with the Tribunal for review of a decision of a delegate of the Minister for Home Affairs made on 1 February 2022 to refuse to grant her a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. Previously, an application for review of the same delegate’s decision was made to the Tribunal. The Tribunal assigned the case number 2203088 to that previous application for review. On 31 May 2022, the Tribunal made a no jurisdiction decision on that application.

4. On 19 July 2022, the Tribunal sent a letter to the applicant, by way of email, inviting her to comment on the validity of the application for review. The letter requested any comments to be providing in writing by 2 August 2022. The letter also included the following paragraph:

   The Tribunal will not process any further documentation that appears to seek review of the same decision dated 1 February 2022. This means the Tribunal will not treat it as a new application for review. It will not allocate a new case number, or ask you to comment on the validity of any purported review application, or make a further decision about whether it has jurisdiction to review that decision.  

5. To date, the Tribunal has not received a response.

6. The Tribunal has considered the relevant information before it.

7. As the delegate’s decision has already been the subject of a no jurisdiction decision by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   decision

8. The Tribunal does not have jurisdiction in this matter.

   Justine Clarke
   Member