2320917 (Refugee)

[2024] AATA 852

2320917 (Refugee) [2024] AATA 852 (29 January 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2320917

MEMBER:Wendy Banfield

DATE:29 January 2024

PLACE OF DECISION:  Canberra

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

Statement made on 29 January 2024 at 4:53pm

CATCHWORDS
REFUGEE – protection visa – Tonga – previous application for review heard and affirmed – no longer reviewable decision – no response to invitation to comment – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 65, 411, 412,
Migration Regulations 1994 (Cth), r 4.02(4)

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

1. An application was made to the Tribunal on 21 December 2023 for review of a decision to refuse to grant a Protection visa under s.65 of the Migration Act 1958 (the Act). For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (Cth) (the Act) if an application is properly made under s 347 or s 412 of that Act, or in limited circumstances not relevant to this application, s 29 of the Administrative Appeals Tribunal Act 1975 (Cth). Sections 338 and 411 of the Act and reg 4.02(4) of the Migration Regulations 1994 (Cth) set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse visas of various kinds, but the evidence before the Tribunal indicates a review application was previously lodged with the Tribunal on 17 September 2023. On 16 November 2023 the Tribunal (differently constituted) affirmed the decision under review. As the Tribunal has carried out its statutory duty, it is unable to review a decision for a second time.

3. On 22 December 2023 the Tribunal wrote to the applicant inviting her to comment on the validity of the application for review. The applicant did not respond to the invitation. As there is no reviewable decision it follows that the application for review was not properly made, and the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Wendy Banfield
   Member