Khan v Minister for Immigration

This matter concerned an application by Mr Khan for review of a decision made by a delegate of the Minister for Immigration on 28 November 2018 to refuse to grant him a Student (Temporary) (Class TU) visa. Mr Khan lodged his review application with the Tribunal on 21 February 2019. The Tribunal found that it had no jurisdiction to review the delegate's decision.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that a prior application for review of the same decision had already been made to the Tribunal. The Tribunal was required to determine if a decision, once validly reviewed by the Tribunal, remained a "reviewable decision" for the purposes of further review.

The Tribunal reasoned that once it had received a valid application for review of a reviewable decision and discharged its statutory duty to conduct that review, the original decision ceased to be a reviewable decision. This principle, supported by case law such as *SZBWJ v MIAC* [2008] FMCA 164, *Jayasinghe v MIEA* (1997) 76 FCR 301, and *SZASP v MIAC* [2007] FCA 771, established that the Tribunal lacks the authority to review a delegate's decision on more than one occasion. The applicant's subsequent letter, detailing his efforts to rectify issues with his university course and visa, did not alter the fact that the delegate's decision had already been the subject of a prior, valid review.

Consequently, the Tribunal concluded that it did not have jurisdiction in the matter.