2420080 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to conduct a further review of the delegate's decision. The decision was made by Senior Member Kim Rosser of the AAT.

The primary legal issue before the Tribunal 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 Tribunal reasoned that once a delegate's decision has been validly reviewed by the Tribunal, that original decision is no longer a "reviewable decision" for the purposes of further review. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a repeat review application concerning the same delegate's decision. The Tribunal concluded that it did not have jurisdiction in this matter.