2303181 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister regarding a protection visa application. The Administrative Appeals Tribunal (AAT) had previously conducted a review of the delegate's decision.

The primary legal issue before the AAT was whether it possessed jurisdiction to review the delegate's decision, given that the decision had already been the subject of a prior review by the Tribunal. The Tribunal also considered whether the applicant's failure to respond to an invitation to comment impacted its jurisdiction.

The Tribunal reasoned that once a decision has been validly reviewed by the AAT, it ceases to be a reviewable decision. Consequently, the Tribunal loses jurisdiction in relation to that specific decision. The Tribunal noted that the applicant had not responded to its invitation to provide comments, which further supported the conclusion that there was no basis for jurisdiction.

The Tribunal concluded that it did not have jurisdiction in the matter.