2310233 (Refugee)

[2023] AATA 4128

2310233 (Refugee) [2023] AATA 4128 (26 September 2023)

DECISION RECORD

DIVISION:  Migration & Refugee Division

CASE NUMBER:  2310233

MEMBER:  Justine Clarke

DATE:  26 September 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 26 September 2023 at 6:13pm

CATCHWORDS

REFUGEE – protection visa – Malaysia – repeat application – 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 dependant.

STATEMENT OF DECISION AND REASONS APPLICATION FOR REVIEW

1. On 12 July 2023, the applicant lodged with the Tribunal an application for the review of a decision of a delegate of the Minister for Immigration and Border Protection made on

   18 October 2017 to refuse to grant the applicant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).

1. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

1. Previously, an application for review of the same delegate’s decision was made to the Tribunal. The Tribunal assigned the case number 1725472 to that previous application for review. On 8 June 2023, the Tribunal made a decision on that application.

1. 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.

1. On 13 July 2023, the Tribunal wrote to the applicant to invite her to comment on the validity of the review. The letter requested any comments to be made by 27 July 2023.

1. To date, the Tribunal has not received a response.

1. 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

1. The Tribunal does not have jurisdiction in this matter.

Justine Clarke Member