2406789 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision by a delegate of the Minister regarding a protection visa. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's appeal. The decision was made by Member Alison Murphy of the AAT.

The primary legal issue before the Tribunal was whether the delegate's decision was of a kind that could be reviewed under Parts 5 or 7 of the relevant Act. This question of reviewability was determinative of the Tribunal's jurisdiction to entertain the application for review.

Member Murphy reasoned that because the delegate's decision was not subject to review under the specified Parts of the Act, the applicant's subsequent application for review was not validly made. Consequently, the Tribunal lacked the necessary jurisdiction to consider the merits of the case. The Tribunal concluded that it did not have jurisdiction in this matter.