Mora (Migration)

The applicants sought review of a decision made by the Administrative Appeals Tribunal (AAT) concerning their migration matters. The Secretary of the Department of Immigration and Border Protection was the respondent. The core of the dispute revolved around the AAT's power to review or reconsider decisions it had already made, particularly in light of a second review application lodged by the applicants which they preferred to proceed with.

The legal issues before the court were whether the AAT had the power to review or vary a decision it had already made, and whether the lodging of a second application for review, which the applicants wished to pursue over their initial application, could be considered a valid application for review that the Tribunal was obliged to consider. The applicants contended that their second application was valid and should proceed, and that they would withdraw their first application if the second were granted.

The court considered the provisions of the Migration Act 1958, specifically sections 348, 339, and 368(2A), and the definition of a "decision on a review" under section 337. It noted that section 368(2A) generally prohibits the Tribunal from varying or revoking a decision once made. However, the court also referred to the principle that administrative decision-making is not necessarily constrained by the same strict doctrines of finality as judicial decisions, citing observations from *Ridge v Baldwin* and *Bhardwaj*. The court also considered section 33(1) of the Acts Interpretation Act 1901, which permits powers to be exercised from time to time, subject to contrary indications in other legislation. The court's reasoning appears to be exploring whether the specific provisions of the Migration Act, or the nature of administrative review, allowed for the reconsideration of a decision or the acceptance of a subsequent application in these circumstances.