2315136 (Refugee)

The applicant sought review of a decision made by the delegate of the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to review the delegate's decision.

The primary legal issue before the Tribunal was whether the delegate's decision remained a "reviewable decision" within the meaning of the relevant legislation, given that a previous application for review had been finalised 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 held that it lacked jurisdiction to entertain a further review of the same decision. The Tribunal's previous decision, which affirmed the refusal after the applicant failed to appear at the hearing, had finalised the review process, rendering the delegate's decision no longer subject to further review by the Tribunal.

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