2216203 (Refugee)

[2023] AATA 631

_,
__­____«­__€€Í“_­____«{2216203 (Refugee) [2023] AATA 631 (13 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2216203

MEMBER:Alison Murphy

DATE:13 February 2023

PLACE OF DECISION:  Melbourne

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

Statement made on 13 February 2023 at 3:36pm

CATCHWORDS
REFUGEE – Protection Visa – Taiwan –application for review is not a valid application – no jurisdiction to review a decision twice – no jurisdiction

LEGISLATION
Migration Act 1958, ss 5, 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 dependant.

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 27 August 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 4 November 2022. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. In the visa application the applicant states she is seeking review of a decision to refuse her a protection visa on 1 November 2022. However Departmental records indicate that the decision to refuse to grant a protection visa was made by a delegate of the Minister on 27 August 2019

4. 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 9 January 2023. 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 8 November 2022, a Tribunal officer wrote to the applicant advising that it appeared the review application was not a valid application as the Tribunal had already made a decision on an earlier application for review in respect of the same decision (AAT proceedings 1926474).  The Tribunal’s letter invited comments on whether a valid application had been made by 8 June 2021. As at the date of the Tribunal’s decision, the applicant has not responded or otherwise made contact with the Tribunal.   

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.

   Alison Murphy
   Member