Bhullar (Migration)

[2023] AATA 166

Bhullar (Migration) [2023] AATA 166 (23 January 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Sandeep Kaur Bhullar
Mr Gurpreet Singh Bhullar

CASE NUMBER:  2218879

HOME AFFAIRS REFERENCE(S):          BCC20211788338 PNJ

MEMBER:Wan Shum

DATE:23 January 2023

PLACE OF DECISION:  Sydney

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

Statement made on 23 January 2023 at 5:00pm

CATCHWORDS

MIGRATION – cancellation – Skilled Work Regional (Provisional) (Class PS) visa – Subclass 491 (Visitor) – repeat review application – no Tribunal-reviewable decision – no jurisdiction

LEGISLATION

Migration Act 1958
Migration Regulations 1994

CASES

Jayasinghe v MIEA (1997) 76 FCR 301
SZASP v MIAC [2007] FCA 771
SZBWJ v MIAC [2008] FMCA 164

statement of decision and reasons

application for review

1. This is an application for review of a decision of a delegate of the Minister for Home Affairs on 23 November 2021 to cancel the applicant’s Skilled Work Regional (Provisional) (Class PS) visa under the Migration Act 1958 (Cth) (the Act).

2. The review application was lodged with the Tribunal on 21 December 2022. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

3. An application for review of the same delegate’s decision was previously made to the Tribunal. The Tribunal, differently constituted, made a decision on that application on 14 July 2022.

4. Where the Tribunal has received a valid application for review of a reviewable decision and carried out its statutory duty to review the decision under the Act, the decision is no longer a reviewable decision: SZBWJ v MIAC [2008] FMCA 164 at [41] and the cases cited therein. The Tribunal has no jurisdiction to review a delegate’s decision twice: Jayasinghe v MIEA (1997) 76 FCR 301 and SZASP v MIAC [2007] FCA 771.

5. Furthermore, another application for the same delegate’s decision was made to the Tribunal on 15 August 2022. The Tribunal, differently constituted, found that it did not have jurisdiction in relation to that decision on 29 November 2022.

6. This is the third time the applicant has sought review of the same decision to cancel his Subclass 491 visa. As the delegate’s decision has already been the subject of a valid review by the Tribunal, it is no longer a reviewable decision. Accordingly, the Tribunal no longer has jurisdiction in relation to that decision.

   decision

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

   Wan Shum
   Member