2209877 (Refugee)

The applicant sought review of a decision made by the Minister's delegate concerning a protection visa. The Administrative Appeals Tribunal (AAT) had previously made a decision of "no jurisdiction" in relation to the delegate's decision. The applicant did not respond to the Tribunal's invitation to comment on the matter.

The primary legal issue before the Tribunal was whether it retained jurisdiction to review the delegate's decision, given the prior "no jurisdiction" determination. The Tribunal was required to consider the effect of its previous finding on its current ability to conduct a review.

The Tribunal reasoned that once a decision has been the subject of a "no jurisdiction" determination 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 been determined to be outside the Tribunal's jurisdiction, the Tribunal concluded it had no further jurisdiction in the present matter.