2218179 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application, given that the delegate's decision had previously been reviewed by the Tribunal.

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

The AAT Member, David McCulloch, reasoned that once a delegate's decision has undergone a valid review by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Member applied the principle that a matter, once finally determined by a competent tribunal, cannot be relitigated.

Accordingly, the Tribunal found that it did not have jurisdiction in the matter.