Navicokalou (Migration)

[2024] AATA 537

Navicokalou (Migration) [2024] AATA 537 (12 March 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Watisoni Navicokalou

CASE NUMBER:  2404381

HOME AFFAIRS REFERENCE(S):          BCCC2024/1259562 PNJ

MEMBER:Namoi Dougall

DATE:12 March 2024

PLACE OF DECISION:  Sydney

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

Statement made on 12 March 2024 at 4:34pm

CATCHWORDS

MIGRATION – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – repeat review application – no Tribunal-reviewable decision – no jurisdiction

LEGISLATION

Migration Act 1958, s 65
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 27 February 2024 to refuse to grant a Bridging E (Class WE) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The review application was lodged with the Tribunal on 8 March 2024. 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 made a decision on that application on 11 March 2024. 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.

4. 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

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

   Namoi Dougall
   Member