2409038 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to review this decision.

The central legal issue before the AAT was whether it possessed jurisdiction to review a delegate's decision that had already been the subject of a previous, valid review by the Tribunal.

The AAT Member, Nicole Burns, 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. Consequently, the Tribunal loses its jurisdiction in relation to that specific decision. The AAT therefore concluded it did not have jurisdiction to hear the matter.