2309768 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding an application for a protection visa. The applicant is from India. The Administrative Appeals Tribunal (the Tribunal) had previously conducted a valid review of the delegate's decision.

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

The Tribunal reasoned that once a decision has been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Tribunal found that the prior review was valid and that the applicant's lack of response to the invitation to comment did not confer jurisdiction.

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