2304468 (Refugee)

The applicant sought review of a decision made by the Minister's delegate concerning a protection visa application. The dispute arose because the applicant had previously made a valid application for a protection visa, which had been heard and decided by the Refugee Tribunal. The Tribunal had issued a natural justice letter to the applicant, to which no response was received.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that the original decision had already been the subject of a prior review by the Tribunal. The Tribunal was required to determine if a decision that had already undergone a valid review remained a "reviewable decision" for the purposes of further review.

The Tribunal reasoned that once a decision has been validly reviewed by it, that decision is no longer a reviewable decision. Consequently, the Tribunal concluded that it lacked jurisdiction to entertain a further review of the delegate's decision. The Tribunal's finding was based on the principle that a decision, having been subject to a completed review process, exhausts the available avenues for review by that body.

The Tribunal ordered that it did not have jurisdiction in this matter.