2216203 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister concerning a protection visa application. The applicant was from Taiwan. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to review the delegate's decision.

The central legal issue before the AAT was whether it possessed jurisdiction to review a decision that had already been the subject of a valid review by the Tribunal.

The AAT Member, Alison Murphy, reasoned that once a decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses its jurisdiction in relation to that specific decision. The Member found that the delegate's decision in this instance had already undergone a valid review by the Tribunal.

Therefore, the AAT concluded that it did not have jurisdiction to hear the application for review.