2307125 (Refugee)

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______«__€€Í“_____«{2307125 (Refugee) [2023] AATA 3215 (25 July 2023)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER: 2307125
MEMBER:Moira Brophy
DATE:25 July 2023
PLACE OF DECISION: Sydney
DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 25 July 2023 at 10:30am

CATCHWORDS
REFUGEE – protection visa – Malaysia – repeat review application – no Tribunal-reviewable decision – no jurisdiction
LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994
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 Immigration and Border Protection on 9 March 2017 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 23 May 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. The Tribunal (differently constituted) made a decision on that application on 15 December 2017 (1706592). 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.
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.
Moira Brophy
Member

CaseChat Overview and Summary

The applicant sought review of a decision concerning a protection visa. The delegate's decision had previously been reviewed by the Tribunal. The applicant's current application was therefore a repeat review application.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that the decision had already undergone a prior review by the Tribunal.

The Tribunal reasoned that once a decision has been the subject of a valid review by the Tribunal, it ceases to be a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished.

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.Moira BrophyMember

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established