2215693 (Refugee)

[2023] AATA 621

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__­____«­__€€Í“_­____«{2215693 (Refugee) [2023] AATA 621 (7 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2215693

MEMBER:Brendan Darcy

DATE:7 February 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 07 February 2023 at 10:39am

CATCHWORDS
REFUGEE – protection visa – Thailand – previous application for review decided – delegate’s decision no longer reviewable – no response to tribunal’s invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), s 65

CASES
Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164

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. This is an application for review of a decision of a delegate of the Minister for Home Affairs on 14 June 2019 to refuse to grant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The review application was lodged with the Tribunal on 26 October 2022. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal. The Tribunal made a decision on that application on 21 November 2021. It was numbered AAT 1916445.

4. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

5. On 27 October 2022, the Tribunal emailed correspondence to the applicant. This correspondence acknowledged when the applicant’s matter numbered 1916445 is finalised and that the Tribunal is unlikely to proceed with the second application – AAT No: 2215693. The Tribunal provided the applicant with the opportunity to comment on the validity of the application for review, and to do so, in writing, by 10 November 2022. However, neither the applicant nor anyone on the behalf of the applicant responded.

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

   DECISION

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

   Brendan Darcy
   Member