2318406 (Refugee)

The applicant sought review of a decision concerning a protection visa application made by a person from China. The Administrative Appeals Tribunal (the Tribunal) considered whether it had jurisdiction to review the delegate's decision, which had previously been the subject of a valid review by the Tribunal.

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

The Tribunal reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review by the Tribunal. Consequently, the Tribunal concluded that it lacked jurisdiction to entertain a repeat review application concerning that same decision. The applicant was notified of this jurisdictional issue by letter dated 22 November 2023, but did not respond.

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