2303183 (Refugee)

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______«__€€Í“_____«{2303183 (Refugee) [2023] AATA 2723 (9 May 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER: 2303183
MEMBER:Peter Katsambanis
DATE:9 May 2023
PLACE OF DECISION: Perth
DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 09 May 2023 at 12:05pm
CATCHWORDS
REFUGEE – protection visa – Thailand – application for review previously made and decided – subject of valid review and no longer 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

This is an application for review of a decision of a delegate of the Minister for Home Affairs on 24 June 2019 to refuse to grant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The review application was lodged with the Tribunal on 7 March 2023. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.
An application for review of the same delegate’s decision was previously made to the Tribunal on 3 July 2019. The Tribunal made a decision on that application on 4 November 2021. 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.
The Tribunal wrote to the applicant on 9 March 2023 expressing its view that the application was not a valid application and inviting the applicant to comment in writing on this view by 23 March 2023. At the time of writing this decision, no response has been received from the applicant.
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
The Tribunal does not have jurisdiction in this matter.
Peter Katsambanis
Member

CaseChat Overview and Summary

The applicant sought review of a decision made by the delegate of the Minister. The dispute concerned whether the Refugee Tribunal retained jurisdiction to review the delegate's decision, given that the applicant had previously made an application for review which had been decided.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the current application for review. This question turned on whether the delegate's decision, having already been the subject of a prior valid review by the Tribunal, remained a reviewable decision.

The Tribunal reasoned that once a decision has been validly reviewed by the Tribunal, it is no longer a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision ceases. The Tribunal noted that no response was provided to its invitation to comment. The Tribunal concluded that it did not have jurisdiction in the matter.

Reasons for decision

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 The Tribunal does not have jurisdiction in this matter.Peter KatsambanisMember

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established