2218698 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister regarding a protection visa application. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to consider the applicant's case. The decision was made by Member Tania Flood of the AAT.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that a previous application for review concerning the same delegate's decision had already been heard and decided by the Tribunal. The Tribunal was also required to consider the effect of the applicant's failure to respond to the Tribunal's invitation to comment on the matter.

Member Flood reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal loses jurisdiction in relation to that specific decision. The failure of the applicant to respond to the invitation to comment further supported the conclusion that there was no basis for the Tribunal to exercise jurisdiction.

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