2218698 (Refugee)

[2023] AATA 1555

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__­____«­__€€Í“_­____«{2218698 (Refugee) [2023] AATA 1555 (21 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2218698

MEMBER:Tania Flood

DATE:21 March 2023

PLACE OF DECISION:  Sydney

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

Statement made on 21 March 2023 at 9:56am

CATCHWORDS
REFUGEE – protection visa – China – previous application for viewed heard and decided – no reviewable decision – 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 18 August 2021 to refuse to grant protection visas under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The review application was lodged with the Tribunal on 19 December 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 28 November 2022. 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.

4. On 9 January 2023 the Tribunal wrote to the applicants advising them that their application for review appears not to be a valid application as an application for review of the same delegate’s decision was previously made to the Tribunal and finalised on 28 November 2022.  The applicants were invited to make any comments on whether a valid application has been made in writing by 23 January 2023.  The applicants did not respond.

5. 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

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

   Tania Flood
   Member